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(영문) 춘천지방법원 강릉지원 2015.07.22 2015고단422
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 19, 2015, the Defendant: (a) around 02:40 on March 19, 2015, the victim D, the owner of the plant located in Cju located in B of the East Sea, said that “the outstanding amount is “ended”; and (b) said D, the Defendant expressed a desire to “Ye-Ming Ha, the same youth,” and destroyed a 30,000-cating market price, the victim’s market price, which is the victim’s possession, at the 2st head office of the Cju in the East Sea.

2. On March 19, 2015, the Defendant of the obstruction of performance of official duties: (a) expressed that, at around 03:19, the location described in the foregoing paragraph (1) was 112 reported and sent by the Defendant, the Defendant: F of the police officer assigned to the E-district of the East Sea Police Station E-gu in the East Sea Police Station; (b) would open and enter the door of Cjuk 2; and (c) would interfere with the Defendant’s legitimate execution of duties concerning the handling of the reported case by threatening the said police officers by threateninging the said police officers in a way of threateninging them by putting their glass cups on the table by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and D;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to work days in the E District, 112 reported case management lists, and investigation reports (verification of details of damage);

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., reflective facts during the latest five years) or more;

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