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(영문) 대구지방법원 포항지원 2016.05.26 2016고단213
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant: (a) around 20:50 on December 31, 2015, the Defendant destroyed property by reporting the situation in which the wife of the victim and the Defendant are disputing the victim’s wife in front of the street store operated by the victim C, and putting the victim’s street rash that was set up in front of the victim’s street, and destroying the total market price of KRW 400,000,000, a total market price of the victim’s street.

2. The injured Defendant carried the victim’s body by breaking the victim’s body by hand at the time and place specified in paragraph 1, and breaking the victim’s body into the right bar, etc. for two weeks.

3. On December 31, 2015, around 21:30, the Defendant: (a) committed the same crime as paragraphs 1 and 2 of Articles 2015; (b) and (c) committed assault with the Defendant, who was arrested in the act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of violation of the duty to appoint a defense counsel and to refuse to make statements from the slope E of the D police box affiliated with the D police box, who was dispatched after being notified of the right to appoint a defense counsel and the right to refuse to refuse to make statements by him; and (c) was tightly pusheded with the Defendant in both hands, sealed the Defendant

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C (victims No. 1 and 2 in the holding), E, and F (victims No. 3 in the holding);

1. A written diagnosis of injury;

1. A place where he/she will serve in a DNA box;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of inflicting an injury) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who interferes with the performance of official duties by the F shall be imposed);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;

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