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(영문) 대구지방법원 2020.01.22 2019고단5097

위계공무집행방해

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person who operates the D main points in Daegu-gu C, and Defendant B is a dead village of Defendant A.

Defendant

A around April 1, 2019, around 2019, he proposed that Defendant B received US dollars 60,000 from E in the name of investment in coffee shop operated in the Philippines, and that Defendant B accepted it.

Defendant

On April 2, 2019, A received US dollars 60,00 from the above E from the Nampo-dong in Busan, Jungpo-gu, Busan, and around 20:06, around 20:06, Defendant B knew that Defendant B would implement the above recruited contents, “I am in Daegu. I am her paper, and later changed.” Defendant B, around 21:52 on the same day, at the outside of the F apartment G apartmentdong fence in Daegu-gu, Daegu, Nowon-gu, Seoul, and around 21:52, she was a paper bank that contains US$ 60,000 from the above Defendant B.

On April 3, 2019, at around 13:53 on April 3, 2019, Defendant A reported to the effect that, by telephone 112, Defendant A her “I am sk-kick face and sk-kicked a sk-kicker with approximately 180,00 U.S. dollars.”

Accordingly, the Defendants interfered with the legitimate performance of duties by the police officers belonging to the Daegu Gangseo Police Station and the Criminal 3 Team.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement against E, H, and Defendants;

1. A written statement of the defendant A

1. Results of each internal investigation report, each investigation report, CCTV lines, and analysis of the details of currencies;

1. Application of statutes requesting the provision of communication confirmation data;

1. Article 137 of the Criminal Act and Articles 137 and 30 of the Criminal Act, the choice of imprisonment for a crime;

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. Scope of punishment by law: One to five years of imprisonment;

2. The sentencing criteria shall be based on; and