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(영문) 대구지방법원 2020.01.30 2019고단5840

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 7, 2019, around 00:46, the Defendant damaged the victim D (the age of 43) (the age of 43) who was discovered in the state of drinking drinking in the corridor of the building C of the building C of Busan City, on the ground that he does not open the entrance door. However, due to drinking and gas supply, the Defendant destroyed the vehicle by leaving the entrance knife and walking at a number of times equivalent to KRW 10,00,00 in the market price owned by the victim.

Accordingly, the defendant damaged the victim's property.

2. On November 7, 2019, at around 00:55, the Defendant committed assault, such as: (a) 112 reporting on the damage of property at the places indicated in paragraph (1); (b) 112 reporting on the occurrence of property damage; (c) Gyeongsan Police Station E-gu, the police officer of the Gyeongsan Police Station E-gu, who was called out, and police officers, she took a bath to “sprink the sprink and inside and outside of the house”; (d) she was tightly pushed back the chest on one occasion by hand; and (e) she committed assault, such as she was f’s upper part of the upper part of the G who

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to attachment of place of work, etc.), internal investigation report (in relation to attachment of photographs), and internal investigation report;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property (special person).