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(영문) 대구지방법원 2021.01.28 2020고단5071
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 9, 2020, the Defendant damaged the victim’s property by getting off the first floor of the building and the second floor parking lot of the building through the second floor emergency stairs of the building in Daegu Northern-gu, Daegu-gu, 2020, and then causing the damage to the victim’s property by turning off the locker of the second floor and the first floor parking lot column of the building, and continuing to damage the victim’s bicycles to lay off and lay down, and then destroying the victim’s bicycles to the victim’s property so that the victim’s property can lead to the non-repair cost, such as destroying the victim’s outer wall of the EF store, while going beyond the bicycle.

2. The Defendant, at the time, at the place specified in paragraph 1, and at the time, at the 112 report, took a bath to the police officer H belonging to the Daegu Gangnam-gu Police Station G District, which was called the Daegu Police Station G District, and assaulted the head of the police officer at his head on several occasions.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, C, D, and E;

1. A written statement;

1. 112 Reporting case handling table;

1. Application of the investigative report (Evidence No. 9) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the error of the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act was not less than that of the Criminal Procedure Act, the defendant is against the defendant, there are agreements with the victims of damage to property, the police officers who have obstructed the performance of official duties wanting to take the wife, the primary offender, the social relationship is clear, and the defendant's age, sexual conduct, environment, means and result of the crime, and the circumstances after the crime are revealed in the trial process of this case.

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