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(영문) 대구지방법원 경주지원 2017.03.30 2016고단918

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2016, the Defendant: (a) around 05:51 on October 28, 2016, the Defendant: (b) took a bath to find a room room of a kind of fright while under the influence of alcohol in front of the studio B studio in the racing-si; and (c) was dispatched to the site after receiving a report on the disturbance, during drinking and the disturbance-related 112; and (d) confirmed the occurrence of the instant case by the slope D, a police box affiliated with the Police Station C, which called the Defendant.

Whether or not the country has changed to the designated place of business.

In this regard, I expressed the desire to “Ie ....” and tried to see the franchis of slope D to restrain this, and to see the franchis of the Defendant’s head.

Accordingly, the Defendant assaulted the above D and interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases.

2. 공용 물건 손상 피고인은 제 1 항 기재와 같은 사유로 현행범 체포된 이후, 2016. 10. 28. 06:10 경 경주 경찰서 E 팀 사무실에서 술에 취한 채로 “ 감방 갔다가 나오면 다 죽여 버린다” 라는 등으로 욕설하면서 사무실 모니터를 머리로 들이받고, 사무실에 설치된 목재 파티션을 몸으로 밀치고 발로 걷어찼다.

Therefore, the defendant has impaired the utility of the wood wave used by the racing police station by impairing the repair cost of KRW 132,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to F, D, and G;

1. Application of Acts and subordinate statutes concerning investigation reports (such as the situation of dispatch to the site), internal investigation reports (referring to the speech and behavior of a suspected suspect after being taken into custody and attaching photographs), field photographs, and estimates;

1. Relevant Article 136 of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code for the observation of protection and community service order are the legitimate execution of police officers' duties through violence.