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(영문) 수원지방법원 2013.10.02 2013고단3466

공용물건손상등

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. 공무집행방해 피고인은 2013. 6. 17. 16:15경 수원시 장안구 C에 있는 ‘D’ 식당에서 일행들과 소주병을 깨며 싸우다가 112신고를 받고 출동한 수원중부경찰서 E파출소 소속 순경 F이 신고 경위를 문의하자 "학생놈아 꺼져라, 학생인 네가 뭘 할 수 있는데"라고 소리를 지르고, 이에 F이 "전 학생이 아니고 경찰관입니다, 신고를 받고 왔으니 무슨 일이 있었는지 말씀해보세요"라고 말하자, 갑자기 "씹할 경찰새끼는 꺼져라"고 하며 주먹을 쥔 양손으로 F의 가슴 부위를 1회 때려 폭행을 가하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

2. At around 19:30 on June 17, 2013, the Defendant damaged public goods, at the Suwon-si Police Station in Suwon-si, Suwon-si, Suwon Woo-si, 873-4, the Defendant sought a police officer to assault a police officer with a hand by referring to “any dwarf, grass, grass, grass, etc. so far as she did so,” and accompanied by a support unit where a police officer was able to take a bath and take a waiting seat installed at that place, so far as she was unfolded by hand.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of investigation reports (such as the details of arrest of a flagrant offender), the father of the victim's assaulted body, photographs of the damaged scene, investigation reports (in addition to the crimes), investigation reports (related to the suspect's speech and behavior), and written estimates and other Acts

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging public goods and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;