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(영문) 광주지방법원 순천지원 2016.12.02 2016고단1990

특수공무집행방해등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2016, the Defendant: (a) around 19:30 on the 105-dong-type 105-dong-type 105-dong-type dong-type 201, which was parked in the said apartment parking lot without any justifiable reason; and (b) on the part of the victim C (the age of 49) who was parked in the said apartment parking lot, the Defendant was not able to have the back wheels of the DNA-type car owned by the victim C(the age of 49).

In addition, the Defendant did not have any aspect of driving cars owned by the victims in a total of five times as stated in the attached list of crimes.

Accordingly, the defendant damaged the victims' property.

2. 특수공무집행방해 피고인은 2016. 8. 29. 21:35경 광양시 E에 있는 F수퍼 앞 노상에서 피고인이 주차된 자동차 타이어를 손괴하고 있다는 취지의 112신고를 받고 현장에 출동하여 주변을 수색하던 광양경찰서 G파출소 소속 경위 H, 순경 I으로부터 “아저씨 이리 와보세요”라는 말을 듣게 되자 “뭘 따라와 새끼들아”고 하면서 우측 손에 들고 있던 위험한 물건인 망치(길이 약 30cm)를 위 H의 얼굴을 향해 2-3회 휘둘렀다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Written statements of J, K, L and M;

1. On-site photographs;

1. The police search list, records of seizure, and photographic materials of seized articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act concerning the choice of punishment (special obstruction of performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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. Probation under Article 62-2 of the Criminal Act;

1. The first crime for sentencing under Article 48(1)1 of the Criminal Act (amended by Act No. 48(1)1 of the same Act shall be the obstruction of performance of official duties.