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(영문) 청주지방법원 2020.06.25 2019고단2639

특수재물손괴등

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 September 10, 2019, the Defendant of special property damage: (a) around 23:16, Cheongju-si, Cheongju-si, Cheongju-si, and was parked in a iron sheet box, which is a dangerous object in front of Cheongju-gu B, without any justifiable reason, and caused damage to each of the following repair costs by continuously unloading the front part of the front part of the Dostna vehicle owned by the victim C, and the lower part of the back part of the troke line; and (b) continuously unloading the front part of the FST5 vehicle owned by the victim E.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

2. 공무집행방해 피고인은 2019. 9. 10. 23:25경 위와 같은 장소에서, “술 취한 사람이 지나가는 사람에게 때리려는 듯 시비를 건다”는 112신고를 받고 출동한 충북청주 흥덕경찰서 G지구대 소속 경위 H이 위와 같이 차량을 손괴하고 있는 피고인을 제지하자 “넌 뭐여 이 새끼야!”라고 소리치며 주먹으로 위 경위 H의 얼굴을 2회 때리고, 위 H의 몸을 밀치며 얼굴을 향해 주먹을 2회 휘두르고, 발로 위 H의 낭심 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in the process of reporting 112 cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of I, H, J, and E;

1. Application of the Acts and subordinate statutes to photograph images of the suspect’s obstruction of performance of official duties, tools of crime, photographs of damaged vehicles, and painting photographs;

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case is not good in light of the method, circumstances, frequency, etc. of the crime of this case, and the victim C and the victim.