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(영문) 대구지방법원 포항지원 2019.07.18 2019고단512

상해등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 28, 2019, the Defendant interfered with his duties, and damaged property: (a) around 19:20 on January 28, 2019, at the D cafeteria operated by the victim C, the Defendant was unable to make customers out of the cafeteria and enter into the cafeteria for about 20 minutes, including, but not limited to, drinking alcohol on the floor while drinking alcohol, lying on the floor, and passing along with a chemical equivalent to 100,000 won at the victim’s market price located in the cafeteria, and passing through a large voice.

Accordingly, the defendant damaged the victim's property and interfered with the victim's restaurant business by force.

2. The obstruction of performance of official duties, the Defendant, at the date and time, at the place, as described in paragraph (1), and at the place, “the male spawed with the spawn,” sent out after having received 112 reports, sent out from the police officer F of the Ponam Police Station E box belonging to the Posi Police Station, and the police officer G. The Defendant expressed that “if the police is the spawn, it is possible to spawn the spawn, and only the spawn of the spawn,” the Defendant spawned the spawn left part of the spawn F in drinking, once, twice the spawn part on the left part of the spawn, and sealed the spawn part of the swn

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of the 112 Report Report Cases, and at the same time, the Defendant inflicted injury on the victim F, such as the left-hand scamboo, etc. requiring treatment for about one week, and the injury of the victim G, such as the diagnosis and the injury of the first scam.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and C;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of and Damage to Property, Crimes of Obstruction of Performance of Official Duties and Crimes of Bodily Injury);

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