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(영문) 수원지방법원 2016.01.27 2015고단6411
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 24, 2015, at around 22:15, the Defendant damaged the property by making the victim D's 'E' at the "E' entertainment place in Suwon-si, Suwon-si, drinking alcohol, and then setting a calculating machine equivalent to 12,00 won at the market price, which was placed in the said main car transporter, to his employees at the above main car transporter, to take a view of the drinking value as a matter of the drinking value, and then damaging it by having the CCTV monitor of 220,000 won at the market price on the seat of the car transportter, which was sealed by the car transporter, destroyed by removing it from the floor.

2. On December 24, 2015, at around 22:38, the Defendant: (a) arrested a flagrant offender from a slope G belonging to the police station of Suwon-gu, the police station of Suwon-gu, and a police officer H, etc., who was dispatched after receiving a report at the amusement station as stated in paragraph (1) on December 24, 2015; and (b) was escorted to the police station of Suwon-gu, who was on the same day after undergoing the first investigation at the said F police station, and was escorted from the said F police station to the police station of Suwon-gu, who was carrying the patrol vehicle at around 23:27 on the same day; (c) took a bath to the said G; (d) took the time off the patrol vehicle; and (e) took the time off, the Defendant was blue with the blue G’s face; and

Accordingly, the defendant interfered with legitimate execution of duties concerning the escort of police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of I, J and K;

1. Investigation report (to listen to I telephone statements of E sing employees);

1. Details of transactions and a list of sales slips;

1. Application of Acts and subordinate statutes to field photographs and black stuff photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reason for sentencing) (the sentencing guidelines are not applicable) is that the Defendant was arrested as the current offender by destroying the victim’s property due to the alcohol problem.

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