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(영문) 대구지방법원 2017.04.20 2016고단6047
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 became final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2016, the Defendant who damaged property: (a) assaulted C on the front road of the Gyeongdong-gun, Chungcheongnambuk-gun; (b) but C, who was the escapee of the escapee, and thereby, damaged the victim’s property by generating the entrance door window owned by the victim D (V, 76 years old); and (c) 75,000 won at the market price.

2. At around 11:00 on October 16, 2016, the Defendant: (a) received the Defendant’s report on the Defendant’s act of violence, such as Paragraph (1) and received the request for personal information from Gsnishing circumstances belonging to the Gsndong Police Station F District that sent to the site; (b) carried out the balp of the said police officer’s balp, and carried out the balp of the balp of the balp of the said police officer by hand; and (c) carried the balp of the balp of the instant police officer, flap the part of the balp of the balp of the bal

The Defendant continued to commit assaulting police officers, such as: (a) the slope H and policeman belonging to the Feron Police Station Feron House of the Doldong Police Station that arrived at the Defendant; (b) the Defendant obstructed the Defendant; and (c) the face and line of the slope H one time in a slope; (d) kid the inside of the floor; and (e) kiding the slope H’s feron with his hand, and kid it by cutting off the shape of the slope H’s fla

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or J;

1. A written statement in H and G preparation;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs damaged by E glass, and photographs damaged by police officers;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The degree of assault exercised by the defendant is more severe, and the motive and circumstances of the instant crime.

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