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(영문) 대구지방법원 김천지원 2016.08.24 2016고단440
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2016, at around 22:20, the Defendant: (a) under the influence of alcohol in the front corridor No. 101, the Defendant destroyed property; (b) opened a door to the victim C; and (c) opened a door to the victim’s house; (d) opened a lid of the victim’s market in the corridor, which is the victim’s ownership, in the corridor, and accumulated it into the floor, thereby impairing the utility of the land, kimchi, kimchi, and food benefits.

2. Around 22:45 of the same day, the Defendant obstructed the performance of official duties to the above E in order to verify the facts against the Defendant by the slope E belonging to the Sound Police Station D police box, which called the above C’s report, on the front of the above apartment site B.

When the above E calls for returning home to the defendant, he/she saw that he/she “the above E,” and assaulted the above E by putting his/her face to the face of the E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each 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. The grounds for sentencing under Article 62(1) of the Criminal Act (a favorable condition among the grounds for sentencing) of the suspended sentence are the first type of crime (a interference with the performance of official duties) (a interference with the performance of official duties) in the basic area (6-1-1-4 months) (a person with a special sentencing) (a person with a special mitigation) in the mitigated area (1-6 months) (including a person with a special mitigation), or where a significant damage was restored to the mitigated area (including a serious effort to recover damage) in the mitigated area (1-6 months), the final sentencing scope according to the punishment period (including a person with a special mitigation), from six months to one year-4 months (a decision of sentence) in the event the defendant under the influence of alcohol.

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