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(영문) 대구지방법원 경주지원 2015.06.25 2015고단223
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 5, 2015, at around 22:20 on March 5, 2015, the Defendant caused the damage of property: (a) under the “E of the operation of the victim D”, the Defendant mispercing that the victim of Pyeongtaek was going to the Dong Ne residents to the effect that he is a Doke; (b) caused the victim to go to the Doke, and (c) caused the victim to get off one Doke CCTV and mail, which was installed at the location where the victim was installed, and attached one Doke, which was parked in front of the above, and was loaded on the floor, one Dok for the use of the part of the market for non-working at the market price, which is the victim’s possession.

Accordingly, the defendant damaged the victim's property.

2. When the Defendant received the report at the above date, time, and place, and received 112 reports, and took the place from G during the police box of the racing police station, the Defendant committed assault, such as: (a) having taken a bath to “the value of tax base, tax base, tax base, and tax base,” and boomed G’s flag, and boomed with his hand, and boomed G’s hair face, and being taken twice by her head.

Accordingly, the defendant interfered with the police officer's 112 reporting process and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. A copy of work log and police identification card;

1. Application of the Acts and subordinate statutes 9 copies of the investigation report, photographs, etc.;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

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. Determination as to the defendant and defense counsel's assertion under Article 62 (1) of the Criminal Act (the agreement with the victim D), including the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the records of this case, such as the circumstances after the crime, shall be considered).

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