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(영문) 대전지방법원 2018.05.31 2018고단874

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 February 15, 2018, at around 03:00, the Defendant: (a) was under the influence of alcohol, and the password was partitioned to open a joint studio, with the view to 805, the Defendant destroyed the property, but the password was not opened, and the password was not opened; (b) the Defendant 1-2 Ra and 3-4, respectively, managed by the victim B apartment management office, installed with each joint studio of 1-2 Ra and 3-4 Ra to get the repair cost of 3,289,000 won.

2. The Defendant obstructed the performance of official duties at the time and place specified in paragraph 1, and after receiving 112 report that a property damage case, such as the description specified in paragraph 1, occurred, the Defendant assaulted the Defendant at one time at the time of the police officer assigned to the Daejeon Sung-gu Police Station C police box to keep the police officer assigned to the police officer assigned to the Daejeon Police Station C police box from leaving the scene so that he/she would not have any Defendant who would leave the scene.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. Written estimate;

1. Application of each statute on photographs;

1. Articles 136 (1) and 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Social Service Criminal Act is crypted by the background and attitude of the crime, the damaged property was recovered from the damaged property, its depth is overcoming, and there is only one time the past record of the fine for this species, and other factors such as family relations.