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(영문) 대구지방법원 2020.07.21 2020고단2146
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 27, 2020, at around 01:46 on March 27, 2020, the Defendant damaged a vehicle blocking system managed by the victim C, who is the head of the above apartment management office, in hand and body, to cover approximately KRW 550,000,000 in repair costs.

2. On March 27, 2020, at the entrance of B apartment D 1-2 Ra, the Defendant: (a) reported and confirmed the reported matter at the 112 entrance of B apartment D 1-2 Ra, “Ap, any person, is off, her clothes while showing the trend,” and (b) performed an act to scood him into his body by getting out of the scoo in the Daegu Gangseo Northern Police Station E Zone, which was confirmed by being called out after receiving a report.”

Although the Defendant continued to say that it was “Yin and fuss one cigarette,” there was no slopeF on the part of the Defendant, the Defendant used the words “F infested 5 seconds, tobacco infest, promptly brought about, and as soon as possible,” and used the slope F inf one time at the right part of the slope F due to drinking, and used the slope F inf on the part of the left part of the slope F inf, by walking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (the working log of a police officer in charge of damage, and attaching a 112-reported case record), CCTV image-faging photograph, estimate, investigation report (the change of victim of damage and destruction of property);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties)

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