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(영문) 춘천지방법원 2015.11.19 2015고단1096

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 2, 2015, the Defendant causing special property damage: (a) around 20:0, in front of the house of the victim D(55 years of age) located in Gangseo-gu Yangyang-gun C; (b) on the ground that, while under the influence of alcohol, the Defendant did talk about the issue related to the removal of ices on the ground that the victim’s opening was seriously obstructed; (c) on the ground that the victim’s opening was severely obstructed; (d) on the bill of indictment, the Defendant stated the “influent things” as “influent things.” However, in a case where there is no concern that the Defendant’s exercise of his/her right to defense may not be disadvantaged, the Defendant’s correction does not violate the principle of no accusation

In the case of the above openings, the front part of the opening, and the front part of the indictment, which is a dangerous object in the glass of the driver's seat of a car owned by the victim, is stated as "galkick." However, if there is no concern that the exercise of the defendant's right of defense may actually be disadvantaged, it does not violate the principle of no accusation even if the basic facts of the facts charged are recognized differently within the same scope without going through changes in the indictment. Thus, it is corrected.

Bring up the house, brooms, etc. are broken up, and brooms, etc. are continuously worn up two copies of the glass of the victim's living room.

Accordingly, the defendant carried dangerous articles and damaged the property owned by the victim whose market price is unknown.

2. 특수공무집행방해 및 상해 피고인은 같은 날 20:15경 위 장소에서, 피고인이 남의 집 개를 때리고 있다는 112신고를 받고 출동한 양구경찰서 E파출소 소속 경위 피해자 F(58세), 경사 피해자 G(39세)에게 '야 씨발 놈아, 너는 몇 년차야 개새끼야, 이 씨발 놈들은 좆도 모르는 것들이 지랄하고 있네, 개한테 물려서 두들겨 팼는데 뭐가 잘못이야...