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(영문) 대전지방법원 논산지원 2019.05.03 2019고단58
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 October 17, 2018, the Defendant causing property damage: (a) around 23:15, 2018, at “D” operated by the victim C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, under the influence of alcohol and then, (b) caused the injury to the victim during calculating the alcohol value while drinking alcohol; (c) but (d) on the ground that the victim was not able to take such action, the Defendant was able to open the sobrogate, set the entrance under the influence of alcohol, and then damaged the above entrance knife so that the market value of the repair cost

2. The Defendant committed an assault in the obstruction of performance of official duties by threatening F, a police official belonging to the Chungcheongnam-gu Police Station E District, who was dispatched after receiving 112 reports to the effect that “any person is suffering from disturbance without paying the alcohol value” at the date, time, and place mentioned in the foregoing paragraph (1) of the same Article, and committing an assault by threatening F, a police official belonging to the Chungcheongnam-gu Police Station E District, with the aim of threatening F, who is a police official belonging to the Defendant, about the influence of alcohol while listening to the statement details, etc. from the Defendant, and by threatening F, a police official, who is a police official, with the

As a result, the defendant interfered with legitimate execution of duties such as the protection of people's lives and property, prevention, suppression and investigation of crimes, such as 112 reporting affairs by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: A majority of criminal offenses are committed against the defendant, and the same criminal offenses among them are committed, and circumstances favorable to the poor in light of the motive, content, method, etc. of the crime of this case are likely to be against the defendant, and the victim C is punished against the defendant.

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