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(영문) 대전지방법원 2016.11.16 2016고단2922
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 became final and conclusive.

Reasons

Punishment of the crime

1. On September 6, 2016, at around 00:05, the Defendant: (a) 00:05 on September 6, 2016, the Defendant: (b) was under the influence of alcohol in the Victim C’s house located in Daejeon Dong-gu, Daejeon; (c) opened a entrance by breaking the iron gate, which is owned by the victim, in two hands; and (d) destroyed the water gate in several instances; and (d) entered into

Accordingly, the defendant damaged the victim's property and infringed on the victim's residence.

2. At around 00:20 on September 6, 2016, the Defendant: (a) requested a police officer to verify personal information from E affiliated with the Daejeon East Police Station D District Unit of the Daejeon East Police Station, who was dispatched after receiving a report at 112 on September 6, 2016; and (b) obstructed the police officer’s legitimate performance of duties in relation to handling civil petition reports by assaulting, such as: (c) her flab, herbb, and her flab, and herbb, herbb, and doing her behavior as he/she seems to be flab; and (d) doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment exceeding the same kind of punishment or fine, the fact that there is an agreement with the victim of the crime of causing property damage and intrusion on residence, the fact that the degree of interference with public duties is not excessive, the fact that it is against nature

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