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(영문) 대구지방법원 포항지원 2019.03.20 2019고단78

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2018, the Defendant causing property damage: (a) around the North Port Office located in the north-gu B-ro 43, the north-gu, the north-gu, U.S., the Defendant: (b) taken a string vehicle owned by the victim B, who was parked at the lower seat of the said vehicle; (c) taken a string vehicle on the back seat of the said vehicle; and (d) taken it out from the said vehicle, who would be demanded by the victim, and then throw the vehicle at the lower seat of the said vehicle, and then throw the string of the said vehicle to remove the said vehicle at a number of times, the Defendant destroyed the said vehicle to take a total of KRW 1,473,560, such as the chief door painting, and the repair cost of the said vehicle.

2. 공무집행방해 피고인은 위와 같은 날 01:00경 포항시 북구 D에 있는 E파출소에서, 아래 공소기각 부분의 공소사실 기재와 같은 이유로 현행범인으로 체포된 후 수갑을 풀어주지 않는다고 욕설을 하며 발로 위 파출소 소속 경찰관 F의 낭심 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and B;

1. A H statement;

1. A criminal investigation report (Attachment of a photograph of damage), investigation report (CCTV image and photograph), each photograph, CD;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes No. 1 (Obstruction of Performance of Official Duties) within the scope of the sentencing guidelines set forth in the sentencing guidelines, crimes No. 2 (Destruction of Destruction and Damage, etc.) for which no basic area (6-1-6 months) of the obstruction of performance of official duties (6-1-6 months) (special person) exists (the scope of recommendations) [the scope of punishment] shall be the mitigated area (1-6 months) of the mitigation area (1-6 months), and the mitigated area (1-6 months) of the punishment.