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(영문) 대구지방법원 서부지원 2019.05.22 2018고단3136

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 September 27, 2018, the Defendant of the obstruction of performance of official duties: (a) 112 reported on the street in front of the main shop located in the Gyeongbuk-gun B, the Defendant: (b) brought a bath to the police officer on the ground that D, who was called out after having received a 112 report to the effect that “in the restaurant, two female guests are boomed in the restaurant”; (c) she was involved in assaulting the reported party by entering the defective restaurant and she was involved in an assault by the police officer on the ground that D, in order to grasp the circumstances leading up to the report by the reported party, he was boomed; (d) blick down the flab; and (e) flading the flab on the floor of the police officer’s wearing; and (e) continuously she took a bath to the police officer on his hand, and she left the right flab by her head.

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

2. The Defendant damaged another’s property by taking a scambling the floor at the time and at the same place as in the preceding paragraph, and by taking a scambling of the market value of KRW 520,00,000, which was worn by ice D on the grounds as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on internal investigation and investigation report (Attachment to CCTV images and photographs for internal method);

1. Application of statutes in writing of work log, list of handling 112 Reporting Cases, and estimate;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime without being aware of another criminal case (such as similar rape, etc.) at the time of the instant case, even though he/she was tried for another criminal case in the Seo-gu District Court Branch of the Daegu District Court at the time of the instant case, and the degree of assault against the victimized police officers.