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(영문) 대구지방법원 의성지원 2020.01.23 2019고단363

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 6, 2019, the Defendant damaged the property by destroying the victim’s “D” room operated by the victim C in Cheongong-gun B, Chungcheongnam-gun, Chungcheongnam-gun, by drinking and drinking alcohol, and wage problems, and destroying the property by destroying 6,00,000 won of the victim’s market price on the table, and 6,000 won of the victim’s market price on the table.

2. At around 22:00 on December 6, 2019, the Defendant: (a) stated that “D” in the foregoing “D; (b) there was a defect that the Cheongong Police Station E (a police box) sent after receiving a report from C enter the 1st room of the said main station; and (c) stated F “Chewing fewk”; and (d) twice the f’s chest part of the f in drinking.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A written statement prepared in C and G;

1. Application of statutes on the place of work, on-site photographs;

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 recognizes his mistake and repents, and the degree of damage is relatively minor.

In agreement with the victim C of the damage to property, the above victim did not want to be punished by the defendant, and the defendant has no record of criminal punishment for about 15 years.

An unfavorable circumstance: A crime of obstruction of performance of official duties needs to be punished strictly for a crime detrimental to the function of the state by nullifying a legitimate exercise of public authority, and the defendant has the record of being punished once by violence.