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(영문) 대구지방법원 2017.06.01 2017고단1807
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. 재물 손괴 피고인은 2017. 2. 14. 20:30 경 대구 북구 팔 거천 동로 24길 40 칠 곡 영남 2차 아파트 106 동 앞 도로에서 술에 취한 상태에서 위 아파트 주차장에 주차된 피해자 B 소유 C 포르테 쿱 승용차량의 양쪽 후 사경을 손으로 잡고 흔들어 수리비 24만 원이 들도록 손괴하고, 피해자 D 소유 E 오토바이를 위 D의 후배가 운전해 오는 것을 보자, 그 앞을 가로막고 위 오토바이를 발로 차서 넘어뜨려 수리비 729,000원이 들도록 손괴하였다.

Accordingly, the defendant damaged the victims' property.

2. On February 14, 2017, the Defendant obstructed the performance of official duties, at around 20:45, who received a report on the front of the above apartment on the road and received a request from a policeman, who is a public official of the police branch belonging to the F District District of the Daegu Gangnam Police Station, for the confirmation of the facts of the instant case, identification, etc., and the said G, “When the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the building, when the opening of the opening of the opening of the opening of

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to photographs, receipts, and estimates of damage;

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

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 grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are crimes 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation], the basic area (from June to one year and six months) of Article 62(1) of the Criminal Act (the scope of Recommendation), and Article 62(2) of the Criminal Act (the scope of Recommendation) without any special sentencing person / [Article 1 (Destruction of Property)] of the mitigated area (Article 62(1) [Article 62(1) [Article 62(1)] of the Punishment Act (Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1)

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