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(영문) 대구지방법원 2019.08.22 2019고단3366
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2019, around 21:05, the Defendant entering a residence intrusion, following the victim’s studio before the studio in which the victim C resides and following the victim’s studio, went into the 3th floor of the studio building, and entered the studio door of the victim.

Accordingly, the defendant invadedd the victim's residence.

2. On May 18, 2019, the Defendant attempted to open the 'E' located in Busan Metropolitan City (E) around 21:44, and attempted to open a locked door. On the other hand, the Defendant attempted to open and open a back door after returning to the building. However, even though approximately 50 foreigners, including the victim F, including foreigners, were attempted to prevent the Defendant from entering the building.

Accordingly, the Defendant attempted to intrude into a structure managed by the victim, but attempted to do so.

3. The Defendant: (a) committed an act of obstruction of performance of official duties on the part of the Defendant, at the time and time, and at the time and place of the report, and the police box of the police station that received a report and received a written statement of damage from the victim of the building; and (b) committed an act of assaulting the security guards H, such as “I am going to the end of the collapse. I am to the end of the collapse. I am to the end, I am to the end of the collapse”; and (c) on the part of the Defendant, I am to go home from the above security guards, two times am to the chest part of the Defendant’s chest, and dump and dump

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the F and C’s respective Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 319(1) of the Criminal Act; Articles 322 and 319(1) of the Criminal Act; Articles 322 and 319(1) of the Criminal Act; the choice of imprisonment for the crime;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: obstruction of performance of official duties.

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