logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.24 2020고단1941
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2020, the Defendant: (a) around 23:30 on April 11, 2020, displayed the exhausters of “D” operated by the victim B in Youngcheon-si C, Chungcheongnamcheon-si; (b) around KRW 1.50,00 of the repair cost on several occasions.

Accordingly, the defendant damaged another person's property.

2. On April 11, 2020, the Defendant expressed a desire to “spawn” in front of the “F Association” located in Yongcheon-si, Chungcheongnamcheon-si, Gyeongcheon-si, Gyeongcheon-si, who was sent after being reported by 112, to the effect that “the spawn is being damaged by the spawn,” and received personal information from the spawn of the police box affiliated with the spawn of the Gyeongcheon-cheon Police Station, who was asked of personal information from the spawn of the police box. On two occasions, the Defendant took twice the face of the above spawn and took twice the spawn face of the spawn.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the 112 reported handling duties by the police officer H and security guards I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A report on investigation;

1. 112Report sheet, date of service, and receipt; and

1. Application of CCTV-recording photographs and Acts and subordinate statutes to the closure of a CCTV image and damaged parts of a photograph;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Class 2 crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Special Aggravation] mitigation elements: Penalty not (including serious efforts to recover damage).

arrow