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(영문) 수원지방법원 안산지원 2014.12.30 2014고단1852

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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. In light of the fact that the Defendant was unable to discern things or make decisions due to a bipolar and static disorder, etc., the Defendant: (a) at around 10:50 on July 11, 2014, the victim Samsung Electronic Service Center operated by the victim Samsung Electronic Distribution Co., Ltd., 454, expressed desire to the surrounding persons without any justifiable reason by drinking alcohol on the first floor of the luminous Samsung Electronic Services Center; and (b) damaged the victim’s wall that was installed adjacent to the elevator located adjacent to the said corridor by drinking the glass wall of an amount equivalent to KRW 90,00,000 at the market price of the victim, which was installed adjacent to the elevator in the said corridor.

2. In light of the fact that the injured Defendant was unable to discern things or make decisions due to stimulative and emotional disorder, etc., around July 20, 2014, around 08:35, the injured Defendant inflicted injury on the victim E face of the victim E, who was walking the said road on the road front of the D convenience point in light of light-time C, one-time, without any justifiable reason, and transferred the victim’s face to the floor, thereby causing injury to the victim, such as the upper stude, in need of treatment during an instituous period.

3. 공무집행방해 피고인은 양극성 정동장애 등으로 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2014. 7. 20. 09:00경 광명시 F에 있는 광명경찰서 G지구대 안에서 위 지구대 소속 경찰공무원 경위 H가 피고인의 위 상해 사건 처리를 위하여 피고인의 인적사항을 확인하려 하자 갑자기 화를 내며 오른발로 위 H의 복부를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each police statement made to H and I;

1. Each statement of E and I;

1. Application of each investigation report (No. 4,6,40), 112 Reporting List, damaged photograph, each Ctv video (No. 25,31) statute;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 136(1) of the same Act concerning criminal facts.