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(영문) 대구지방법원 2016.06.22 2016고단1387
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 March 13, 2016, the Defendant: (a) at the front parking lot of 611, Daegu-gu, Daegu-gu, Daegu-dong apartment C apartment 611, the Defendant: (b) demanded the victim D ( South and 63 years old) to be subject to death in lieu of the victim’s desire on behalf of the Defendant; (c) it was refused, and (d) it was incidental to the Defendant, which is the victim’s possession, of the victim parked at the same place, by cutting off the amount of 217,030 won, which is the victim’s possession; and (d) damaged the entire vehicle.

2. On March 13, 2016, the Defendant infringed upon a residence: (a) on the same ground as the indicated in the foregoing paragraph 1; (b) opened a gate that was not corrected; and (c) entered the living room and intrudes on the victim’s residence.

3. The Defendant interfered with the performance of official duties, and the Defendant injured the Defendant at the time and place specified in the foregoing paragraph 2, and received a report of 112 on the facts stated in the foregoing paragraph 2, and assaulted the G on one occasion at the right eye of G on the ground that G officer belonging to the police station of the Daegu-dong Police Station, Daegu, who was called out to the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time put the victim G (the remaining and the age of 32) on an internal area where approximately two weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Arrest report, confirmation document (A), investigation report (on-site conditions), photographs of each damage, report on the occurrence of a case subject to damage to property, F District work, investigation report (with respect to estimates of damaged vehicles), and written estimates;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury and interference with the execution of official duties);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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