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(영문) 대구지방법원 서부지원 2019.05.09 2018고단2574
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 11, 2018, the Defendant: (a) around 05:30 on August 11, 201, the Defendant: (b) 101 room in the Daegu Seo-gu Seo-gu, “Crogate” in the “Crogate No. 101 room; (c) while drinking alcohol and having a dispute with one person during the Defendant’s daily operation, the Defendant, who caused the damage of property, made the tebbs located in the said lake room less than 400,000 won in the market value on the table, into the floor, and caused the Defendant not to operate it.

Accordingly, the defendant damaged two micro-acts and one gramcons, which are managed by the victim D of the above Cmine employee D.

2. At around 06:05 on August 11, 2018, the Defendant committed assault, such as, at the place indicated in paragraph (1), the Defendant attempted to take a credit card device that was on the singing room calculation unit while on going to the scene by the slope F, who was dispatched to the scene after receiving a report of 112 that “the grandchildren are doing fighting.” On the part of the Defendant, the Defendant assaulted the Defendant, who was on the part of the Defendant, to walked a sloping F’s platform by walking the Defendant’s hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. The E-district work site;

1. Application of ctv-faging Acts and subordinate statutes

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and 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. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant has a record of being punished for the same crime.

However, the defendant confessions the crime of this case and repents the mistake, and the crime of destroying and damaging property.

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