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(영문) 대구지방법원 2019.07.17 2019고단1204
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 March 7, 2019, at around 16:45, the Defendant, under the influence of alcohol in the “C” located in Yong-si, Youngcheon-si, B, the Defendant was unable to enter and exit customers by getting out of the column, such as shampoo and shampoo, by getting off the floor of the shampoo and shampoo, and making them out of the calculation unit by cutting off the left side of the victim D (the age of 28) that is the same place on the same day at around 17:0 on the same day.

Accordingly, the defendant interfered with the victim's sales store business and accounting business, and assaulted the victim by force.

2. On the same day as the preceding paragraph of the performance of official duties, the Defendant threatened F and G of the Youngcheon Police Station Emba, who was dispatched upon receipt of the said report at the same place, to the police officer and police officer of the Youngcheon Police Station Emba, who was dispatched, “I amba at night, immediately killed, dead, amba, head amba, I amba, I amba amba, I ambari

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, F and G;

1. Each report on internal investigation:

1. A vice photograph of the victim;

1. Application of the Acts and subordinate statutes to close ctv images;

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 260(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (of the crimes of obstruction of performance of official duties);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine due to the obstruction of performance of official duties, etc. around 2015.

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