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(영문) 대구지방법원 2020.08.27 2020고단3156
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On February 2, 2020, the Defendant damaged the victim’s property by putting the back door of the C-si’s cab operated by the victim B in hand and then sucking the door of the said vehicle in front of the Geumcheon-si and 55 in front of the Geumcheon-si. On February 2, 2020, the Defendant damaged the victim’s property so that the repair cost would be 82,390 won.

2. The Defendant: (a) intending to be asked of the circumstances of the case from the police box affiliated with the Youngcheon Police Station that was dispatched upon receiving the report from the above Party B at the time and place of the performance of official duties; (b) intending to display the drinking to the face of the above slope one time to the face of the above slope; and (c) intending to take the face of the above Inspector on the face of the above slope; and (d) threatening the above circumstances on account of the left hand hand.

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

Summary of Evidence

1. The document of 112 Report attached to the investigation report of damaged vehicles and repair estimates attached to the written statement of statement B prepared by the police in relation to the defendant's legal statement E, and the application of statutes governing the place of service;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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 of Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant had a record of punishment for the crime of obstruction of performance of official duties, but again committed the crime of obstruction of performance of official duties, and as such, the corresponding punishment is needed.

In addition, the fact that the defendant recognized the crime of this case, agreed with the victim of the damage to property, and there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances.

In addition, the defendant's age, environment, means and results of the crime, circumstances after the crime, etc.

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