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(영문) 대구지방법원 2018.11.22 2018고단602
특수공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2018, the Defendant damaged 700,000 won in total by gathering two bricks from the front path of the E hospital managed by the victim D in Daegu-gu, Daegu-gu, without any justifiable reason, to cover the glass of the outer wall of the above hospital, thereby destroying the repair cost equivalent to KRW 700,000 in total.

2. On the same day as paragraph (1) of this Article, the Defendant discovered the Defendant accompanying each item at a distance from a slope of the G District in the Daegu-gu Police Station G District H, Daegu-gu, which was called upon a 112 report in front of the F building in Daegu-gu around 20:35, and discovered that the Defendant “I know that the glass in the front building was broken down”

”라고 질문하자 “그래, 내가 깼다, 새끼야, 넌 뭐야, 새끼야 다 죽여 버린다 “라고 말하며 소지하고 있던 위험한 물건인 각목으로 H을 향해 3회 휘두르는 등 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Written estimate;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (the point of destroying property), Articles 144(1) and 136(1) (the point of obstructing the performance of official duties carrying dangerous articles) of the Criminal Act, and the choice of imprisonment with prison labor;

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 suspended execution;

1. Criteria for sentencing on the grounds of sentencing under Article 48(1)1 of the Criminal Act for forfeiture;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) in the basic area (six months to one year and six months);

B. The scope of the final sentence due to the increase of multiple offenses in the basic area (from April to October) No. 1 (damage, etc.) (the scope of the recommended sentence): The records, such as the defendant's age, occupation, sex, family relation, circumstances before and after the crime, etc., under the decision of the sentence of June to November, and other records.

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