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(영문) 대구지방법원 2017.01.17 2016고단5315
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person with disabilities who can not dyke the field of dry field with a grade 1 disability on April 26, 1999.

1. On May 8, 2016, at the Defendant’s residence located in Yongcheon-si, 19:18, the Defendant: (a) heard that “the Defendant would have avoided mitts and mitts” in the Defendant’s residence in Yongcheon-si, 2016, after receiving 112 reports, sent to the police station Down-gu, Gyeongcheon-gu, Gyeongcheon-si, the Defendant sent two times the face of the above E in his own drinking.

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

2. On May 20, 2016, the Defendant: (a) removed the victim G in Yongcheon-si F from around 14:40 on May 20, 201, in order to make sure that the Defendant, in advance, prepared human turf (1 meter in width and about 10 meters in length) owned by the victim, which is a dangerous object, would be well-contributed, and the market price of which would result in bad repair costs.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to the scene and photographs of damaged articles;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Articles 369 (1) and 366 of the Criminal Act;

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act committed each of the crimes in this case where the defendant assaults a police officer who performed official duties and damages another's property, but the defendant is the first offender and suffers from considerable disability, and the crime seems to have been divided, and other favorable circumstances, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the various factors indicated in the arguments in this case, such as the crime.

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