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(영문) 대구지방법원 안동지원 2019.03.15 2018고단728
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2018, the Defendant: (a) was under the influence of alcohol in front of a restaurant “C” in front of a permanent restaurant “C,” and was asked by the slope E belonging to the D District Unit of the Permanent Police Station called up after receiving the 112 report; and (b) was able to ask the Defendant questions about personal information from the slope E of the D District Unit of the Permanent Police Station called “this ice flabbbbbb head head and flab on the road.”

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials on 112 reporting processing duties.

2. On October 7, 2018, the Defendant destroyed the property damage by inserting the street “G” in front of permanent residence F at around 04:03 on October 7, 2018, and without any particular reason, using the method of spreading the front glass part of the HF car, which was parked next to the victim’s name in the market price, owned by the influence box, without any specific reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Written Statement;

1. Application of Acts and subordinate statutes on internal reports (field photographs, etc.) and investigation reports (to attach photographs toCCTV images to them);

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) First offense (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of Recommendation) and the basic area (6 months to 1 year and 6 months) of the obstruction of performance of official duties

(b) Type 1 (Destruction and Damage, etc. of Property) basic area ( April to October) (special person) of Category 2 (Crime of Destruction and Damage, etc. of Property) (Scope of Punishment).

(c) Final sentence scope based on the standards for handling multiple crimes: Six months to one year;

2. The defendant who was sentenced to sentence shall, upon receiving a report of 112, take a bath to the police officer in uniform called out, add violence to violence, and engage in particular.

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