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(영문) 대구지방법원 서부지원 2017.05.18 2017고단246

상해등

Text

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

Reasons

Punishment of the crime

[criminal records] On April 14, 2015, the Defendant was sentenced to four months of imprisonment due to damage to public goods by the Daegu District Court, and the execution of the sentence was completed at the Daegu Detention House on August 13, 2015.

[Criminal facts]

1. 상해, 공무집행 방해 피고인은 2017. 1. 30. 04:00 경 대구 서구 D에 있는 E 앞 도로에서, 가게 문과 대문을 발로 차서 112 신고를 받고 출동한 대구 서부 경찰서 F 지구대 소속 경장인 피해자 G가 피고인에게 사건 경위에 대해서 물어보자 “ 짭새 새끼 왔네.

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As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time, damaged the victim’s reputation that requires approximately two weeks of treatment.

2. The Defendant damaged public goods at the time, place, as described in paragraph 1, was arrested in a flagrant act due to interference with the performance of official duties, and was escorted to the patrol vehicle as classified above, and took a heavy bath in the boom, and damaged the said patrol vehicle to the extent of KRW 390,894, by walking the window and knife on hand, after the chief of the patrol vehicle and walking the knife at several times.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement of the police statement related to G;

1. Written opinion and written estimate;

1. Arrest report on the occurrence of a case, copies of damage, photographs of damaged parts, and places of service;

1. Previous convictions in judgment: He/she shall refer to inquiries, such as criminal history, and shall apply Acts and subordinate statutes to investigation reports (lists 15,16 of evidence);

1. Article 257 (1), Article 136 (1) and Article 141 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Commercial concurrence;