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(영문) 대구지방법원 의성지원 2020.01.23 2020고단7

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On December 9, 2019, the Defendant: (a) around 19:10 on December 9, 2019, around the “C” located in Seongbuk-gun B of Seongbuk-gun; (b) under the influence of alcohol, he collected mobile phones from E that is owned by the victim D, who is parked on the said road without any particular reason; and (c) thereby, damaged the Defendant to make it impossible to identify the front pent part of the said car.

2. The Defendant engaged in obstruction of performance of official duties at the date, time, and place specified in Paragraph 1 of this Article, and committed assault, such as, at the time, time, and place, and where, after reporting that there was a person who is suffering from disturbance under the influence of alcohol, he/she took an action from G in the circumstances belonging to the Seongbuk Police Station F District Unit of the Seongbuk Police Station, he/she took a bath to “Wook”, and she took a bath to the police officer belonging to the said district, who was arrested in a flagrant offender and arrived at the F District, and then she took a bruth, and she took a bruth.

As a result, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The favorable circumstances: The defendant recognized his mistake and divided, the victim of the damage to property did not want the punishment of the defendant, and the degree of obstruction of performance of official duties is relatively weak.

Unfavorable circumstances: Crimes of obstruction of the performance of official duties are serious crimes that disrupt the legitimate exercise of public authority and undermine the function of the State.