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(영문) 대구지방법원 2019.07.24 2019고단2057

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 2, 2019, around 17:18, the Defendant returned to a sound from the C pande store located in Daegu Suwon-gu, Daegu-si B, which was reported by 112, the Defendant sent to the outside of the store, one radio cleaning apparatus for the Daegu Suwon Police Station D District E (50 years old) who was called upon upon receipt of a 112 report, and one who was displayed at the place.

The reason why E, according to the defendant, bru and the defendant, refers to the "Madama.", and the reason why E was able to get the cleaning machine cited by his hand in his hand in the direction of the Inspector E, was when he sold the left side of E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

2. The Defendant caused the damage to property, at the time and place described in paragraph (1), was called up to a radio cleaning machine managed by the victim G, such as the time and place described in paragraph (1), and opened up a radio cleaning machine (frequency, VS75N801K) equivalent to the market price of 649,000 won when the police officer called up to the radio cleaning machine managed by the victim G.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. A written diagnosis, patrol duty site, details of the report processing, and a written estimate of damage;

1. Application of the Acts and subordinate statutes to photograph CCTV images CDs or CCTV images by capturing them;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property (special person).