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(영문) 대구지방법원 2018.12.20 2018고단4694
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2018, the Defendant damaged the property due to the following reasons: (a) on the street in front of Daegu-gu, Daegu-gu, on September 26, 2018, on the ground that the victim D was driving a e-mail vehicle in front of the victim D while driving the e-mail vehicle; and (b) the Defendant was able to walk the front part of the e-mail vehicle in front of the said e-mail vehicle in front of the said e-mail vehicle in front of the Defendant; (c) the Defendant was able to walk the e

As a result, the Defendant damaged the property owned by the victim by approximately KRW 1,216,60.

2. 공무집행 방해 피고인은 제 1 항 기재, 일시 장소에서 ‘ 행패를 부리는 사람이 있다’ 는 취지의 112 신고를 받고 출동한 대구 남부 경찰서 F 파출소 소속 경사 G, 같은 파출소 소속 순경 H이 피고 인의 인적 사항을 묻자, ‘ 현행범으로 체포해 봐라 ’라고 소리치며 G의 정강이 부위를 1회 걷어차고, 이를 제지하는 H의 정강이 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made on G, H, and D (including estimates attached thereto);

1. Application of the Act and subordinate statutes to the investigation report (as to the attachment of black stuff images);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter referred to as the following conditions of sentencing): The Defendant’s damage to the liverer, etc. of another person’s vehicle at the end of the minor vision due to drinking, and obstructed the performance of official duties by obstructing police officers dispatched after receiving a report 112 report is a situation in which the nature of the crime is extremely favorable: The Defendant recognized and reflects the crime. The Defendant’s damage is the victim.

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