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(영문) 대구지방법원 2017.07.17 2017고단424
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 24, 2016, the Defendant, “2017 Highest 424, the Defendant, at the D cafeteria located in Daegu-gu, Daegu-gu, Daegu-gu, 13:20 on December 24, 2016, pursuant to 112 reporting that the Defendant was able to take a bath for unspecified customers, and that the Defendant was able to receive a complaint from the slopeF belonging to the Daegu-gu, Daegu-gu Police Station E box, which was called for, and on his hand, that he would be able to take care of the Defendant.

The defendant spits the face of the F in the process of being arrested as a flagrant offender of the crime of interference with the performance of official duties by the F.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

On December 23, 2016, the Defendant destroyed and damaged 120 million won of the market price owned by the injured party on the ground that he did not perform the ordered alcoholic beverage within the I cafeteria operated by the victim H on December 23, 2016, around 15:25, 2016.

Summary of Evidence

"2017 Highest 424"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of a report on internal investigation (on-site conditions, etc.), and a copy of a work-day “2017 Height group 1069”;

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of related photographs and receipt statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) No. 1 Crimes (Obstruction of Execution of Official Duties) (No. 6 months to one year and six months) in the basic area of the first-class (Obstruction of Execution of Official Duties) [the scope of the Recommendation] No. 2 Crimes (Destruction) in the scope of Special Sentencing] [the scope of the Punishment] in the mitigation area (one month to six months), in the mitigation area (including one month and six months), or in the case where a significant damage has been restored, the scope of the final sentencing due to the increase of multiple crimes: six months or more.

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