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(영문) 창원지방법원 2014.06.10 2014고단834
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence 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 April 5, 2014, the Defendant: (a) around 01:30, Kimhae-si, Kimhae-si, 118 dong 401, and went to door, and did not open the entrance door; (b) destroyed the damage by making free windows equivalent to 25,00 won at the market price, which is the council of occupants’ representatives of the victims’ apartment in stairs between the third and the fourth floors, owned by the council of occupants’ representatives.

2. At around 02:05 of the date indicated in the above paragraph (1) above, the Defendant assaulted the police officer, who was asked to ask questions about the place of residence from E, who was a police officer belonging to the Kimhae Police Station D District D District, and was dispatched at the same place, and assaulted E, who was arrested as a flagrant offender of the obstruction of performance of official duties, such as why E’s front head and balth, balth, spath, spath, and spath, and spath, spath, spath, and spath, and spath, who were arrested as a flagrant offender of the obstruction of official duties and moved to the zone while moving to the zone.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (the statement of the head of the management office concerning the amount damaged by property damage);

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 (a person who has no criminal record of reflectivity, the same kind and suspended sentence or any other criminal record);

1. It shall be decided as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act of the community service order;

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