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(영문) 대구지방법원 상주지원 2017.01.24 2016고단458

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 September 15, 2016, the Defendant: (a) collected the table table table table, which was inside the above field table, and damaged the victim D’s market price in KRW 120,00,000, while drinking alcohol at “C” located in “C,” around 02:30 on September 15, 2016; and (b) collected the table table, table, chair, etc.

2. On September 15, 2016, around 02:40, the Defendant interfered with the performance of official duties and the Defendant injured the victim of the police box sent to the scene after receiving a report on the damage of property under the above paragraph (1) on the street on the street of the Maddong, Maddong, Maddong, which was called the “2 Maddong,” and obstructed the Defendant’s act, and assaulted the victim’s left-hand hand on the left-hand hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of the 112 Report Report case, and at the same time, damaged the victim's hand, hand, hand, and other saves that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the parts of the damage, each internal report and diagnosis report;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

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. It is not good that a crime has been committed, such as resisting at the exercise of legitimate public authority for sentencing under Article 62(1) of the Criminal Act, and inflicting bodily injury upon police officers;

However, the same sentence as the disposition is imposed by considering the fact that the defendant both recognizes and reflects the crime, that the injured person does not want the punishment of the defendant by agreement with the victim of property damage, and that all of the sentencing conditions, such as the defendant's age, family relationship, health condition, etc.