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Reasons
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(영문) 대구지방법원 안동지원 2021.03.09 2020고단288
공무집행방해등
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A defendant shall be punished by imprisonment for not less than eight 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 April 12, 2020, the Defendant who intrudes upon his residence entered a third-story corridor having a residence of the victim C (45 years old) through the joint entrance door of the building B permanent residence at around 20:00;

리를 지르고 선풍기 등을 발로 찼다.

Accordingly, the Defendant invadedd the residence jointly used by the aforementioned “B building” residents, such as the victim.

2. The Defendant damaged property at the time, place, the Defendant’s husband-D resides there, and the Defendant’s husband-D resides there, and at the same time and place, fell from the floor by the method of destroying the goods equivalent to KRW 261,00,000, the Defendant’s husband-D, the amount of KRW 296,000, the amount of KRW 296,000, the cleaning machine’s market price of KRW 3rd, the amount of KRW 52,00,00, the amount of KRW 95,80,80, the amount of KRW 323,00,000, the amount of KRW 35,00,000, the amount of KRW 45,000, the sum of KRW 26,00,00, the market price of KRW 1,603,80, the sum of KRW 1,603,80, the market price of the new gate.

Accordingly, the defendant damaged the victim's property.

3. The Defendant who interfered with the performance of official duties was reported to the effect that “the Defendant was under the influence of alcohol,” at the time, place, and 112, and that “the Defendant was under the influence of alcohol,” and was dispatched to the permanent police station G police box from H to the police station where he was assigned to the police station.

” 라는 말을 듣자 이에 화가 나 “ 씨 발 놈 아 니가 뭔 데 ”라고 말하며 발로 위 경위 H의 오른쪽 허벅지 부분을 1회 걷어찼다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, C, and F;

1. Statement made by the police with H;

1. A written statement of C and F;

1. Determination as to the assertion by the Defendant and the defense counsel on five copies of the internal investigation report (on-site and accompanying pictures of damage, etc.), the scene, and the damaged photographs

1. Summary of the assertion

A. As to the criminal facts No. 1 in the judgment, the defendant D.

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