beta
(영문) 대구지방법원 서부지원 2015.11.26 2015고단1450

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is between the Victim B’s Matern C (Suspension of Prosecution on the same day) and the Defendant’s Matern C (Suspension of Prosecution on the same day) and about five years, and the Defendant’s Ma(19 years of age)’s materns D (19 years of age) reside in the Victim’s house from April 20, 2015.

1. On April 27, 2015, the Defendant suffered property damage: (a) around 22:46, the third floor of the second floor of the Seo-gu Seo-gu E Housing, Daegu, in which the victim B lives, and opened a door to the victim that the victim was her son; (b) however, the victim saw the door to her son over about 30 minutes without opening the door; (c) the victim saw the door to her gate, “Ye Hae Ma., Ie Ma., Ie Ma.,” and damaged the victim’s scambling box located in the said place, thereby damaging the digital scambling in an amount equivalent to 200,000 won at the market price of the victim’s possession.

3. When the Defendant was arrested as a flagrant offender under suspicion, such as intrusion upon residence, by the police officer F (24 years old) who was dispatched after receiving a report at the time, time, and place mentioned in paragraph (1), the Defendant committed assault by having the above F go beyond the stairs pushed down.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. Application of Acts and subordinate statutes to photographs of damaged articles and copies of police certificates;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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 on the suspended execution (i.e., the confession and reflect, the victim’s failure to punish the defendant under an agreement with the victim of the damage to property, the extent of exercising the tangible power against the victimized police officer is relatively minor, and the motive, etc. for each of the crimes of this case is considered);