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(영문) 창원지방법원 진주지원 2017.05.31 2017고단108
공무집행방해등
Text

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

Reasons

Punishment of the crime

On February 16, 2016, the Defendant was sentenced to a two-year suspended sentence of ten months for special injury in the Changwon District Court's Jeju District Court's Jinju branch, and the judgment became final and conclusive on the 24th of the same month, and is currently in the grace period.

1. On January 5, 2017, at around 23:40, the Defendant damaged the victim-owned Da that was parked in front of the above restaurant to repair 25,00 won, on the ground that: (a) attached a restaurant “C” on the front of the restaurant located in the Southern-gun, Southern-gun; and (b) caused the assault by them; and (c) caused the assault by them; and (d) caused the assault by them, the Defendant damaged the victim-owned Doctrine, which was parked in front of the above restaurant, to go beyond the 25,00 won.

2. Around 23:55 on the same day, the Defendant: (a) observed that the Defendant had been dispatched at the above place; (b) on the 23:12 report of the expenses for the above assault; and (c) had been dispatched to the E District of the Police Station E District of the South-Namnam Coast Guard, the Defendant testified that the above D made a statement about the damage to the part that was damaged by the Orato; and (d) took a bath to the above D; and (c) had the Dan to be removed from the above F, the Defendant assaulted twice the chest of the said F with the right shoulder.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement;

1. Written estimate;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate 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. Reasons for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as determined by a crime of obstructing the performance of official duties in the holding with heavier punishment);

1. Basic crime subject to the sentencing guidelines: Destruction of property [the type of crime] where the degree of assault is minor, obstructing the performance of official duties [the sentence of recommendation] 1 to 8 months (the area of special sentencing] by obstructing the performance of official duties.

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