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(영문) 대구지방법원 2017.10.31 2014고단6548

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 01:40 on November 10, 2014, the Defendant damaged the market price by breaking the bricks, which are dangerous objects acquired at a fluoring place in front of the Daegu Dong-gu, Daegu-gu, where the victim C owned by the victim C, and the shower car, which was parked in that place, interfered with the passage of the traffic. The Defendant damaged the fluor by cutting off the bricks, which are dangerous objects acquired at a fluoring place in front of the front and rear glass, and by cutting off the brus and brus of the vehicles with the main drinking and brus.

2. The Defendant: (a) was arrested as a current offender of the crime of property damage by the guard F of the police station of the Daegu Eastern Police Station, who was called upon 112 a report, at the above time and place; and (b) was assaulted by the Defendant, at around 03:20 of the same day, on the back seat of the E District Police Station G patrol vehicle and was escorted to the criminal department of the police station of the East East East Eastern Police Station at the same time and at the same time and at the same place, the Defendant attempted to escape the above F’s hand by getting on the back seat of the E District patrol vehicle and getting on the back seat of the E District Police Station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders by the police officer F.

Summary of Evidence

1. Each police statement made to C, F, and H;

1. A written statement of C and F;

1. Application of the Acts and subordinate statutes to photographs of damaged vehicles, photographs of police officers' clothes, and photographs of fingers taken by police officers;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of destroying special property), and the choice of imprisonment for a crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant, without any particular reason, destroyed the victim’s motor vehicle by a brick, which is a dangerous object; and (b) the Defendant’s act of assaulting the police officer in the course of performing official duties, must be strictly punished; (c) the damage was repaid or did not agree with the victim; (d) the Defendant’s age, sex behavior, family relation, criminal records; and (e) other conditions of sentencing, such as the Defendant’s age, sex