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(영문) 대구지방법원 2021.01.19 2020고단5351
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2020, at around 23:30 on June 27, 2020, the Defendant obstructed the victim’s restaurant business by force over about 40 minutes, such as passing away from “D” to “D,” which is operated by the victim C, and passing away to the floor of F and C, which are customers, and passing the disturbance, such as going beyond the floor. The Defendant obstructed the victim’s restaurant business by force.

2. On June 28, 2020, the Defendant: (a) obstructed the performance of official duties; and (b) abused the Defendant’s left-hand fingers of H, i.e., assaulting the Defendant’s left-hand fingers, who attempted to prevent the Defendant’s self-injury by entering the Daegu Southern-gu Police Station G District Unit on the ground of interference with the duties by the H, who was dispatched to the scene after receiving 112 reports within the patrol car that was in operation of the nearby road B, Daegu-gu, Daegu-gu, and called on the site.

As a result, the Defendant interfered with the handling of the 112 reported case by the police officers and the lawful execution of duties concerning the arrest of flagrant offenders, and at the same time, the Defendant committed an open room and a scambling room for the loss requiring approximately two weeks medical treatment to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and C;

1. A written diagnosis of injury;

1. Investigation report (a CCTV screen installed in D);

1. Application of the Acts and subordinate statutes to a report on investigation (limited to cell phone images taken by a field police officer);

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

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 following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), and the age of the defendant.

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