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(영문) 대구지방법원 김천지원 2017.05.23 2017고단259

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

The victim B(n, 55 years old) is the spouse of the defendant C, and the defendant and the victim are the relationship between the wife and the father.

1. On February 18, 2017, at around 21:00, the Defendant damaged the property by finding out that his spouse C and his father and wife were separately residing in the Defendant’s domestic violence and that the victim is able to assist in the domestic violence in the area of the victim’s house located in Guro-si, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around February 18, 2017.

In this respect, the defendant damaged the entrance knife of the victim's market price.

2. Refusal, interference with the performance of official duties, and damage to property.

A. On February 18, 2017, the Defendant refused to leave, despite the victim’s demand that his/her wife, who was unable to check the Defendant’s act as described in paragraph (1), opens the entrance door to the front line, and she was in his/her place of residence, and entered the front line into the front line and the new line of residence, and thereafter, the Defendant failed to comply with the demand of the victim to leave his/her place of residence continuously over 10 times until 21:43 of the same day, and failed to comply with the demand of the victim to leave his/her place of residence continuously, and failed to comply with the demand of the victim to leave his/her place of residence.

Accordingly, the defendant did not comply with the demand of the victim to leave from the victim's residence.

B. On February 18, 2017, the Defendant interfered with the performance of official duties and damaged property: (a) around 21:43, at the place indicated in paragraph (1) around 21:6, F, etc., a police officer belonging to the Gu-U.S. Police Station E District, dispatched upon receipt of a report, prevented the Defendant from committing the Defendant’s act; (b) at the place of plastic material launch from which he was located, and (c) at the entrance, damaged the forest manager who was suffering from the wall of the entrance, by taking the head.

As a result, the defendant interferes with legitimate execution of duties concerning the investigation of police officers' crimes and the maintenance of order, and at the same time, damages the victim's market price.