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(영문) 대전지방법원 2017.11.30 2017고단2587
공무집행방해등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On June 20, 2017, at around 22:30, the Defendant destroyed the property by having the department, which was 60,000 won of the market price owned by the victim, laid on the floor at the “E cafeteria” operated by the victim D of the victim D in Daejeon Seo-gu Daejeon, on the ground that alcohol was emitted from the electric wires of the ray during which drinking tobacco was in place to smoke.

2. On June 20, 2017, at around 22:50, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of reported cases, etc., on the ground that the slope belonging to the F District of the Daejeon Daejeon Police Station, which was called upon the Defendant’s 112 report, assaulted the Defendant, such as the defect in hearing the Defendant’s statement on the case details, etc. from the F District of the Daejeon Police Station, and the one hand hand-on with the sudden hand, thereby obstructing the police officer’s performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G and witness D in part;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of hindering the performance of official duties and the choice of imprisonment) concerning the criminal facts;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant agreed with the victim D of property damage, and the extent of assault against the defendant's police officer is not severe, under the circumstances favorable to the defendant, the defendant denies the defendant's obstruction of the execution of official duties, and the defendant was sentenced to two years of suspended execution on April 19, 2017 at the Daejeon District Court on April 27, 2017, and was sentenced to two years of suspended execution and the decision became final and conclusive on April 27, 2017. The defendant committed the crime of damaging property in the instant case against the victim D again after two months have passed since the date of the sentence of the said judgment without being aware of it during the suspended execution period, and the defendant committed the crime of destroying property again against the victim D.

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