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(영문) 서울동부지방법원 2019.06.26 2019고단1071
공무집행방해등
Text

Defendant shall be punished by imprisonment for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. 재물손괴, 업무방해 피고인은 2019. 1. 27. 00:30경 대구 동구 B에 있는 피해자 C 운영 D주점 2호실에서 일행 E가 피고인이 부르려던 도우미를 취소했다는 이유로 서로 싸우다가 부딪혀 그곳 출입문 유리창에 금이 가게하고 노래방기계 장식장이 움푹 들어가게 하고 테이블을 엎어 미상 수리비가 들도록 피해자 소유 재물을 손괴하였다.

In the front of the 2nd class room, it has interfered with the victim C's main business by force by force, such as making customers play in the special room the disturbance, such as cutting a large voice and destroying property, etc.

2. Obstruction of the performance of official duties and damage to public goods was requested several times to stop the disturbance from the slope G belonging to the F Zone G of the Daegu East Police Station, which was dispatched upon receipt of a report of 112 that the Defendant would avoid disturbance at the time and place of paragraph (1), but the Defendant was arrested as a flagrant offender due to the crime of interference with business due to the continuous disturbance and assaulted the police officer’s lawful performance of duties concerning the arrest of a flagrant offender.

The Defendant, who was arrested as a flagrant offender under the circumstances of paragraph (3) and demanded to escape from the post seat of New Cancer 4 (H) affiliated with the F District of the Daegu East Police Station in order to go to F District as F District, and damaged the repair cost of KRW 427,700 by making the back part of the patrol 2 times, which is the back part of the patrol 1,00.

Accordingly, the defendant has harmed the use of the patrol vehicle used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of G, C’s statement or written statement to the statute

1. Penalty provisions: Article 136 (1), 141 (1), 314 (1), and 366 (Selection of Imprisonment with Labor);

1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

1. Suspension of execution: Provisions 62(1) of the Criminal Act, reimbursement of repair expenses, agreement with the main shop owner, and the fact that there has been no record of punishment for the last five years, etc.

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