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(영문) 부산지방법원 2015.12.18 2015고단6286

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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. Performance of official duties;

가. 경위 C에 대한 공무집행방해 피고인은 2015. 8. 4. 20:45경 부산 동구 중앙대로 387에 있는 부산동부경찰서 수사과 사무실에서 D에 대한 폭력 혐의로 현행범인으로 체포된 후 위 사무실로 인치되어 피의자 보호석에 앉아 있던 중 담배를 꺼내 피우려고 하는 것을 부산동부경찰서 소속 경위 C이 제지하자 위 C에게 “야이 개새끼야 나하고 잇뽕 뜨면 이길 것 같으냐 내가 전에도 경찰관을 때린 적이 있다”라고 말하며 탁자 위에 비치된 손 소독제를 위 C의 얼굴을 향해 던져 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the custody and protection of the police officer.

B. On August 4, 2015, the Defendant of the obstruction of performance of official duties against Gyeong-ju, the Defendant: (a) tried to look at urine in the first floor toilet of the Busan East Police Station located in the Busan East Police Station located in the city of Dong-gu, Busan; (b) however, the Defendant expressed a bath to the above E on the ground that Gyeong-ju, who was affiliated with the Busan East Police Station, did not unsat down the lock, and used the breast of the above E as his head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the custody and protection of the police officer.

2. On August 4, 2015, around 21:40, the Defendant damaged the suspect protection seat, which is an object used by public offices, by making the suspect protection seat falling short of the suspect protection seat that is used by public offices, on the ground that the police officers do not unsatisfed on the wall at the investigation department and office of the Busan East Police Station located in the Busan East Police Station located in the city of Dong-gu, Busan, the city of Dong-gu, Busan, and the Defendant damaged the suspect protection seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and E;

1. Application of Acts and subordinate statutes to a report on investigation (in relation to damage to public goods, attaching and analyzing CCTV images, and photographics for disinfection of grandchildren);

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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