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(영문) 대구지방법원 2018.04.13 2018고단49
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 13, 2017, the Defendant destroyed special property: (a) around 20:55, at the 40-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-A, which is a dangerous object, caused damage to KRW 2,00,000

2. The Defendant interfered with the performance of official duties on the same day: (a) when the police officer F was dispatched to the site after receiving a report from 112 on the E ahead of the same day, asked questions about the circumstances of the accident; and (b) “I am dysn’s bals math, and am fysn’s fys. L. L. L. L. L. L.

“The breath of “,” and assaulted by putting a breath with a balthm.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties on 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made against F and B;

1. Taking photographs on the parts of the vehicle damaged;

1. Application of the statutes governing estimates for repair;

1. Relevant Article 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense, and Articles 136 (1) of the Criminal Act concerning the selection of a sentence, and Article 136 (1) of the Criminal Act (elective of imprisonment);

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. For the reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution, the scope of the final sentence according to the mitigated area (4 months to 10 months) of the mitigated area (special mitigation) of the mitigated area (4 months to 10 months) of the mitigated area (special mitigation of the punishment) of the mitigated area (special mitigation of the punishment) of the mitigated area (special mitigation of the punishment) of the mitigated area where there is no person in charge of Class 1 (Interference with the performance of public duties and interfering with the performance of duties) of the basic area (from June to January, 1) of the Punishment Act (the scope of the recommended punishment) of the Punishment Act (the scope of the punishment shall be restricted to 6 months to 11 months, and 2 years of the suspended execution (the fact that the person in charge of property does not have any history of being punished more than the punishment, and the fact that the victim of the property does not damage it) of the punishment);

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