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(영문) 대구지방법원 2015.07.23 2015고단833

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:45 on January 5, 2015, the Defendant, while drinking alcohol at the main point of “D” located in Sinsan City, and then calculating it to the victim E, an employee of the said place, the Defendant, without any specific reason, caused the said victim to twice the amount of the victim’s knife card to pay for the excessive amount, and without any specific reason, caused the victim’s knife to twice the amount of the victim’s knife, and the victim requested the person in charge of the main room at the said place to report 112, thereby causing the victim to suffer injury, such as knife dume so that the victim needs to receive treatment for about 14 days.

2. The Defendant damaged the property by making the victim F-owned market price of at least 370,00 won, which was displayed at the victim’s location, to fall off on the floor, on the ground that the said victim reported 112 at the same time and place as described in paragraph (1).

Accordingly, the defendant damaged another person's property.

3. On January 5, 2015, the Defendant committed an assault, such as assaulting the victim’s face, i.e., one to two occasions, on the part of the Defendant, by asking the Defendant for his personal information, etc. by the police officer of the Gyeong police station G District H, who was dispatched after receiving a report of assault at the same place as indicated in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each investigation report (with respect to shooting of photographs at the scene of damage, the application of the statute to the statement of business caution and estimates);

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.