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(영문) 부산지방법원 2019.08.09 2019고단2802
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 7, 2019, the Defendant: (a) under the influence of alcohol at around 23:20, the Defendant destroyed the part of the two-wheeled “YOTA80” owned by the victim D, which was stopped at the same time on the ground that it interfered with the passage of the “C” in front of the “C” located in Busan Dong-gu, Busan; (b) thereby damaging the repair cost of KRW 656,00,000, such as the exchange of whites, by cutting over the two-wheeled vehicle.

2. From June 7, 2019 to June 23:25, 2019, the Defendant of the obstruction of performance of official duties: (a) stated in paragraph (1) that “any person who causes damage to the area beyond the otobane” was sent to the scene after receiving a report of visit from the f, who was sent to the scene by the Busan East Police Station E District Unit of the Busan East Police Station to check the circumstances of the instant case; (b) stated that “the f

The Gu refused to comply with the Gu, and the F assaulted the face of the F one time to the right side of the defect that the F attempted to escape from the site for patrol duty.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of property and criminal investigation of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs and estimates of two-wheeled motor vehicles;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

B. Second crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Special Convicts] mitigation elements: Penalty not to be imposed.

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