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(영문) 대구지방법원 2017.11.23 2017고단5416
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 September 14, 2017, the Defendant called 17, 2017, 202:35, the Defendant called her wife B to return home rapidly while drinking in the nearest area to the Sinsan-si University on September 14, 2017, and was in a dispute with the Defendant’s dong C, and she satisfyed with the Defendant’s dong C while making a re-satisfy with the Defendant, but she satisfyed with the E-ray in the Sinsan-si.

Accordingly, the Defendant, at the same time and time, she was satisfying with the victim who was satisfying with the victim again until late, and the victim was satisfying with the mobile phone (opon 6).

In order to make a report, it was found that the victim's cell phone market value was damaged to approximately KRW 430,000,000 of the victim's cell phone market value.

2. On September 14, 2017, the Defendant: (a) 112 reported by the police officer I to request assistance in the course of uttering of violence against wife B in front of Gambi-si, Busan, 2017, Gambi-si, 2017, Gambi-si; (b) Had the police officer I to be asked for questioning to verify the details of the report, etc. by the police officer I of H district police station H district; and (c) Had the above police officer I’s brut the above police officer I’s rank; and (d) the police officer J of the same affiliated police officer, who was dispatched, did so by assaulting the police officer’s boom of the above J police officer, thereby obstructing the police officer’s legitimate performance of duties concerning the investigation and maintenance of order.

Summary of Evidence

"2017 Highest 5865"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (as to calculation of the amount of damage inflicted on the property);

1. Reporting of internal investigation (on-site and attaching photographs of damage) 5416 Maz. 2017 Maz.;

1. Statement by the defendant in court;

1. Each police statement made to J and I;

1. Application of Acts and subordinate statutes to a report on investigation (112 report, case list and attachment of work log);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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