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(영문) 대구지방법원 서부지원 2014.11.06 2014고단1417

공무집행방해등

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. 재물손괴 피고인은 2014. 9. 5. 23:40경 대구 달서구 B에 있는 ‘C주점’ 앞길에서 별다른 이유 없이 피해자 D가 운전하던 피해자 소유인 E 오피러스 승용차 앞을 가로막고, 이에 피해자가 클랙슨을 수차례 울리며 길을 비켜 달라는 신호를 보냈다는 이유로 위 승용차의 운전석 쪽으로 다가와 “야 이 씹할 놈아”라고 욕설을 하면서 발로 피해자의 운전석 문과 좌측 사이드미러를 걷어차고 주먹으로 차창을 수회 치는 등 위 승용차를 파손하여 수리비 합계 1,087,854원 상당이 들도록 위 승용차를 손괴하였다.

Accordingly, the defendant damaged the victim's property.

2. The Defendant interfered with his duties, following the circumstances described in paragraph 1, went to the “H” restaurant operated by the victim G in Daegu-gu, Daegu-gu, the place indicated in paragraph 1, where the victim G was located in F 101.

At around 23:45 on September 5, 2014, the Defendant: (a) discovered the Defendant’s face that the Defendant was seated in a marb of the instant restaurant and carried the Defendant’s string and drinking, and (b) caused the Defendant to undergo treatment at a hospital as soon as possible from her face; (c) provided the Defendant with a bath, such as “singing” without any particular reason; and (d) provided the Defendant with approximately 12-minutes, 2 earthens, and 3, etc. on the floor of the table, including 10 minutes of the marbing on the floor.

Accordingly, the defendant interfered with the victim's restaurant business by force.

3. The obstruction of performance of official duties, the Defendant, at around 23:53 on September 5, 2014, was arrested and detained in flagrant offenders by the Victim J, a police station I district patrol team, who was called out after receiving a report at the above H “H” restaurant and at around 0:01 on September 6, 2014.