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(영문) 대구지방법원 김천지원 2018.04.18 2018고단23
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 December 8, 2017, the Defendant: (a) expressed that, at a C restaurant located in Gumi-si B on December 8, 2017, the Defendant: (b) expressed that, upon receiving a report of 112 to the effect that the Defendant assaults the said restaurant customers, the Defendant was able to ask questions about personal matters from the police officer E, who belongs to the police box in the Gumi-si Police Station, who was called out by the Defendant; and (c) assaulted the above E on one occasion on the left side of drinking.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management affairs.

2. On December 8, 2017, at around 01:40, the Defendant: (a) arrested a flagrant offender under suspicion, such as assault, assault, etc., in front of the restaurant specified in paragraph (1) and boarded the front seat of the patrol vehicle; (b) destroyed the above patrol vehicle so that the repair cost amounting to KRW 98,463 by exposing the back glass window of the F Abdop patrol vehicle, which is an object used for official purposes, such as the dispatch of 112 report at the police box of the former police station of the U.S., which is an object used for the 112 purpose, such as the dispatch of 112 report.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Application of investigation reports (on-site conditions and details of arrest, the confirmation of CCTV inside the patrol car), investigation reports (in relation to the damage of the window of the patrol car, the details of the damage caused by the arrest and detention, and the attachment of photographs), investigation reports (in addition to estimates), and statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Obstruction of the performance of official duties: Article 136(1) of the Criminal Act;

(b) Damage to public goods: Article 141 (1) of the Criminal Act.

1. Selection of penalty: Imprisonment with prison labor;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Interference with the performance of official duties [the types of decisions] interference with the performance of official duties, and interference with the performance of official duties (the obstruction of the performance of official duties and coercion of duties). The basic area [the scope of recommendations] [the scope of punishment] from six months to one year and six months.

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