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(영문) 대구지방법원 서부지원 2020.05.27 2019고단3181
공무집행방해등
Text

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

except that 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 November 06, 2019, the Defendant damaged property: (a) around 02:20, at the front parking lot of the Daegu-gu B apartment Cdong, the Defendant reported the Defendant to the police due to domestic violence; (b) reported the Defendant to the police with domestic violence; (c) according to the police officers dispatched, the Defendant sent a complaint to the police box along with his/her wife; and (d) left the eM3 car on the victim’s eM3 car that was parked in the apartment parking lot, and broken the front glass of the vehicle.

Accordingly, the defendant damaged the property that is equivalent to 250,000 won of the repair cost.

2. On November 06, 2019, the Defendant damaged public goods for the reason that H (53 years of age), the head of the patrol team of the Daegu Pacific Police Station, who called the above D’s domestic violence report, carried out the above D and his/her dependants to the patrol box and separated them from them, was found in the patrol box of the Daegu Pacific Police Station, which was called up for the above D’s domestic violence report on November 06, 2019, and his/her husband was able to go out of the Defendant, and his/her wife was able to go out of the atmosphere in order to go up to the temporary accommodation, and his/her wife was taking measures to separate the automatic entrance door from the Defendant.

Accordingly, the Defendant damaged the public goods by destroying the fixed stand of the entrance door of a set of 1,50,000 won for repair costs by sending the automatic entrance door to the police box.

3. The Defendant, at the same time, at the same time, at the same place as 2.2. Obstruction of the performance of official duties, assaulted the victim H’s quantity at one time with both hands, by stating that the above police officer H’s automatic entrance door, as mentioned above, e.g., hetor, franch franch, n.e., franch, and n.e., franch., franch.”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on criminal investigation and prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Each investigation report (the sequence 3, 6, 7, 8, 11 of the evidence list);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 141 of the Criminal Act concerning criminal facts.

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