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(영문) 대전지방법원 2015.05.19 2015고단857

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to a suspended sentence for one year of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Daejeon District Court on March 28, 2014.

1. The Defendant: (a) from around 00:05 on December 15, 2014 to around 00:23, the damage of property and the obstruction of business, the Defendant: (b) at the “Eum point” operated by the victim D in Seo-gu Daejeon, Seo-gu, Daejeon; (c) on the ground that the Defendant was under the influence of alcohol by the victim; (d) on the ground that the victim was under the influence of alcohol, the Defendant, who would have been under the influence of alcohol, caused the victim’s damage to another’s property by having a department equivalent to the total market value of KRW 96,00,000, such as one consignee, who is the next victim’s ownership, and one another, which was under the influence of the victim, and interfere with the victim’s business by continuously engaging in a severe brutment

2. On December 15, 2014, at the Daejeon Western Police Station G District Office located in Seo-gu Daejeon, Seo-gu, Daejeon around 00:30, the Defendant assaulted the Defendant and interfered with legitimate performance of duties concerning the investigation, etc. by a police official, by committing a serious brupt without any particular reason, causing the Defendant’s H, who is not able to enjoy from the bottom of Daejeon Police Station G District Office, to take advantage of the bottom, such as property damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Written statements of D;

1. Written estimate;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of attached records to the same attached records);

1. Articles 136 (1), 314 (1), and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Among concurrent offenders, the sentence indicated in the order should be imposed in light of the following factors: (a) although the defendant was in a favorable condition agreed with the victim D in light of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defendant is in a crime under the same probation period, and there

It is so decided as per Disposition for the above reasons.