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(영문) 대구지방법원 2020.09.08 2020고단2658

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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2020, the Defendant damaged property: (a) around 23:30 on May 9, 2020, the Defendant, while drinking alcohol together with the Victim B’s residence, caused beer cans and food to be stored in a wall and contaminated in a remote area on the ground that the Victim was about drinking, eating, and drinking together with the Victim B, and the Defendant was called the Defendant at home.

Accordingly, the defendant damaged another person's property.

2. Although the Defendant, in receipt of the request from the victim B at the time and place specified in paragraph 1, did not comply therewith and did not leave the victim’s residence until the police officer was arrested as a flagrant offender on the following day at around 00:16.

Accordingly, the defendant did not comply with the demand of the victim to leave without justifiable reasons.

3. At around 00:20 on May 10, 2020, the Defendant: (a) received a report at the same place as indicated in paragraph (1) and responded to the arrest of the police officer in the act of committing an act of committing an act of committing an act of committing an act of violence on the following grounds: (b) the Defendant committed assault: (c) 112 at the same place as indicated in paragraph (1) to the effect that “I will not drink any drinking; (d) the police officer sent to the scene; and (e) 3) the Defendant expressed the desire to “Il the Hak Sckh F’s right direction toward the slopeF once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Investigation report (a statement of a person involved in a suspect's suspicion of property damage and damage);

1. Application of the relevant photographs and statutes governing the list of reported cases;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319(2) and (1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The sentencing criteria shall be based on;