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(영문) 대구지방법원 김천지원 2014.10.15 2014고단899

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 August 6, 2014, the Defendant destroyed the victim’s car at the second front of the Guro-si Dalla, around 21:50 on August 6, 2014, the Defendant: (a) under the influence of alcohol, destroyed the victim’s car with a view to putting the victim’s e-car’s e-car, which was parked in the same place without any particular reason, in a way that the e-car folds the right-hand edge of the Plaintiff’s e-car, thereby shakinging the car in a two hand, thereby

2. 공무집행방해 피고인은 제1항의 일시, 장소에서 112신고를 받고 출동한 구미경찰서 F파출소 소속 순경 G으로부터 신분증 제시를 요구받자, 갑자기 손에 들고 있던 가방을 G의 머리를 향해 던지며 “야! 씹할, 너 이리로 와봐!”라고 욕설을 하며 머리와 가슴으로 G의 이마와 가슴을 힘껏 밀쳤다.

계속하여 피고인은 같은 날 22:20경 구미시 H에 있는 위 파출소에서, 경찰관들이 수갑을 채웠다는 이유로, G에게 “좆같은 놈들아! 너들이 뭔데 씹할, 좋은 말할 때 수갑 풀어라! 나 이종격투기 선수다!”라고 욕설을 하며 발로 G의 사타구니 부분을 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning reporting duties and suppression of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, along with the background of the crime and the degree of damage, extenuating circumstances, which are disadvantageous to the fact that there was a record of having been sentenced to a sentence due to the crime of this paper, the victim D, the fact that 50,000 won was deposited for G, the fact that there was no previous task, the fact that there was no past task, and the extent of recommendations according to