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(영문) 대구지방법원 2019.07.09 2019고단2346
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 March 16, 2019, at around 19:15, the Defendant: (a) damaged an OO store operated by the victim C in the Maldong-gun B; and (b) caused the damage to the victim, without any particular reason, by being towed by the city’s influenite-type portable clothes at the market in which he was faced with a simple pole.

2. At around 19:20 on the same day, the Defendant: (a) at the same place; (b) around 19:20 on the same day; and (c) at the same place, the security guards belonging to the Ganandong Police Station D District D Zone D, who were dispatched, recommended the Defendant to invalid home; (b) the Defendant took a bath for it; and (c) assaulted the Defendant in a way that the parts of the above E are pushed down by hand, thereby obstructing the police officers from performing their legitimate duties regarding the receipt

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of causing damage and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or a case where significant damage has been recovered (in the area of recommendation and the scope of recommended punishment), reduction area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six months to nine months;

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