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(영문) 대구지방법원 2021.02.03 2020고단5057

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 9, 2019, the Defendant was sentenced to imprisonment with prison labor for the violation of the Punishment of Tax Evaders Act in the Daegu District Court on August 8, 201, and the said judgment became final and conclusive on the 17th of the same month.

1. On August 23, 2020, the Defendant: (a) around 20:35, around 2020, the Defendant destroyed property by drinking the full glass of the Victim C’s D Mtz car owned by the victim, and (b) caused the gap between the trop and the penter, thereby harming its utility.

2. 공무집행 방해 피고인은 2020. 8. 23. 20:40 경 경산시 E에 있는 F 앞 노상에서, 112 신고를 받고 출동한 경북 경산 경찰서 G 지구대 소속 경찰관 H에게 주먹을 쥐고 때리려는 시늉을 하며 “야 이 새끼들 죽어 볼래

Then, the above police officers entered the above convenience points, and asked the Defendant to ask his personal information, etc. in accordance with the Defendant. In doing so, the said police officers took the bath to “I am YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the police statement H with H;

1. Notice of the department related to the reported case and the place of work in the G G belt;

1. Each photograph: “Assault on the part of a victimized police officer” and “damage on the part of a vehicle”

1. Previous convictions: The application of a reply to inquiry, such as criminal history, and the application of statutes to the prosecution investigation report (courts under suspended execution);

1. Article 136 of the Criminal Act applicable to the crime, Articles 136 (1) and 366 of the Criminal Act, and the selection of fines 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason behind the suspended sentence of Article 334(1) of the Criminal Procedure Act is to damage a parked vehicle and assault a police officer in the process of performing official duties, without being able to do so during the suspended sentence period of sentencing.