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(영문) 대구지방법원 2017.07.20 2017고단3037

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, 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 May 28, 2017, the Defendant damaged the property by cutting a stone in the vicinity of the “D agency driving” office operated by the victim C in Daegu Dong-gu B and 2, Daegu Dong-gu, 2017, and cutting off the gate and destroying the 180,000 won at the repair cost.

2. Around May 28, 2017, the Defendant who interfered with the performance of official duties, after receiving a report from the Defendant that he was stuffed at the above office before the above office on May 28, 2017, and received a report from the office door from the F of the security guards belonging to the Daegu Dong Police Station E District, Daegu, Dong-gu, Police Station E District, which was called, and that it is difficult to immediately control any person due to the lack of any person, he/she shall hear the statement to him/her that “this ring, and

Recognizing “,” and assaulted by hand at one time his title.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of statutes on field photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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. For the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor, the scope of final sentencing by multiple crimes [the scope of punishment by multiple crimes] under Article 62(1) of the Criminal Act and Article 62(1) of the Act on the Suspension of Execution of Sentence 1 [the scope of punishment by four months to ten months] without the basic area (the person subject to special sentencing] [the scope of punishment by a person subject to special sentencing] [the scope of punishment by a person subject to special mitigation] under Article 62(1) of the Act on the Suspension of Execution of Sentence 2 of the Act on the Punishment of Crimes (the scope of punishment by a person subject to multiple punishment]: April to February 1 and two months [the decision of sentence] as shown in the records of this case, such as the age, sex, family relationship, family environment, motive and means of the crime, motive and circumstances after the crime.