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(영문) 창원지방법원 진주지원 2018.05.16 2018고단288
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 7, 2018, at around 06:09, the Defendant destroyed the victim’s representative hotel property by cutting off the glass powder containing approximately KRW 149,245 won on the floor to the bottom on the ground that he/she had danced at D’s first floor in Jinju-si, Jinju-si, without any justifiable reason, and that E, an employee of the said hotel, “shall not enjoy dancing here.”

2. 공무집행 방해 피고인은 위 제 1 항 기재 일시, 장소에서 위와 같은 이유로 112 신고를 받고 출동한 진주 경찰서 G 지구대 소속 경찰관 H, I가 피고 인의 인적 사항을 물어보자 “ 짭새 새끼, 때려 버리고 싶네,

At the time, amounts shall be discarded.

“In doing so, I am at one time the face of the above I was taken by a sudden hand.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Abandon photograph of a assaulted part;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by a crime of interfering with the execution of public duties in holding heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommending interference with the performance of official duties: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommending the destruction of property: No person who is subject to special sentencing from April to October (basic areas):

(c) Many crimes: From June to November; and

2. The defendant who has been sentenced to a sentence shall not have any criminal record of the same kind, except that he has been sentenced to one time by violence and one time by obstruction of business.

. The defendant-appellant.

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