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(영문) 대구지방법원 서부지원 2019.07.17 2019고단324
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On October 11, 2018, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of indecent act by compulsion at the Seo-gu District Court Branch on the 19th of the same month, and the judgment became final and conclusive on the 19th of the same month.

【Criminal Facts】

The Defendant, around 12:51 on January 24, 2019, 201, was unable to make a disturbance by changing the subject matter without paying the drinking value to C, operated by C in Daegu Seo-gu, Seo-gu, Daegu.

Accordingly, after receiving a report from 112 to the effect that “Negngnggngngngngngngngngnhnnhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties in relation to the handling of 112 reported duties.

On February 28, 2019, the Defendant cut off the victim’s “BMW S100R”, which was displayed at the victim’s parking lot in the “I” parking lot in the Seo-gu Daegu-gu, Seo-gu, Seoul-gu, by reducing one of the 200,00,000 the market price from the “BMW S10R,” which was the victim’s possession.

Summary of Evidence

"2019 Highest 324"

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. A criminal investigation report (the cell phone images taken by a police officer on the spot by cutting off a cell phone and attaching a CD), 2019No74);

1. Defendant's legal statement;

1. A H statement;

1. A copy of a photograph of damaged articles;

1. Two images of field CCTV images: "Before the end of the market";

1. Application of Acts and subordinate statutes to criminal history records, etc., investigation reports (attached to a written judgment), and criminal records, etc. ( evidence records of cases 2019 high-class 324);

1. Relevant Article 136(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the circumstances unfavorable to the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act: the defendant committed an obstruction of the performance of official duties.

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