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(영문) 대구지방법원 2014.09.04 2014고단3622
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 1, 2014, the Defendant: (a) around 23:00 on June 1, 2014, at the “E” restaurant for the victim D’s “E” operated in Gyeongsan-si; and (b) without any reason, at the same time, at the cafeteria’s indoor visit to the said restaurant and without any reason, made the use of the said cafeteria’s repair cost.

Accordingly, the defendant damaged the property owned by the victim.

2. On June 1, 2014, around 23:15, the Defendant: (a) received 112 report from “E” restaurant located in Gyeongsan-si, Gyeongsan-si; and (b) received the notification from the head of the police box affiliated with the police box of the Gyeongbuk-si, Gyeongsan-si; and (c) received confirmation as to the circumstances of the instant case.

At this time, the Defendant told the above G that the Defendant “Isle several times”, and there was assault, such as the defect that the above G would not speak against the Defendant, the defect that the G would not speak against the Defendant, and the loss of the G, which caused the instant G to be scleeped once, etc.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Application of field photographs and statutes on the place of work;

1. Articles 366 and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the 1st category of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] of the cafeteria, and violence to police officers in the course of performing their duties by damaging the property of the cafeteria, and furthermore, it is not good that the nature of the crime is good. However, the degree of damage is minor, the defendant's mistake is divided and contradictory, and there is no criminal power, other than twice a fine, such major circumstances as the motive, background, means and method of the crime of this case, the situation before and after the crime, and other circumstances.

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