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(영문) 창원지방법원 2016.10.27 2016고단2474
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the conditions that the defendant has a weak ability to discern things or make decisions due to compilation:

1. Around 12:35 on July 21, 2016, the Defendant destroyed and damaged property, which led to the collapse block of the E burial ground located in Kimhae-si, Kim Jong-si, and spread on the upper part of the aforesaid width block.

Accordingly, the defendant has damaged, concealed, and impaired the utility of another person's property by other means.

2. When the Defendant prevented the Defendant, at the time and place indicated in the preceding paragraph, at the time and at the place, and the auxiliary police officer F belonging to the Gyeongnam Police Agency, who had been working for the guard, from entering the front jub, the Defendant saw that “Isn't need to do so, Isn't need to do so, she will take the middle jun's chest part on the hand floor with the hand floor of “Isn's chest part on the hand, Isn't am? Isn't am the Defendant who was fl't am, and Isn't am on the right side of the above G by selling it.”

As a result, the defendant interfered with legitimate execution of duties concerning guard duties of auxiliary police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, F, G, and I;

1. Records of seizure and photographs of seized articles;

1. Each investigation report and replies to the request for cooperation in investigation affairs;

1. Application of each photograph, ctv photographic statute

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion by the defense counsel under Article 48(1)1 of the Criminal Act, the defense counsel for the determination of the allegation by the defendant at the time of the crime of this case.

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