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(영문) 창원지방법원 통영지원 2019.08.14 2019고단511

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 21, 2019, at around 22:40, the Defendant violated the Punishment of Minor Offenses Act: (a) around 21, 2019, at the Gyeongnam-gun Police Station C District, a government office located in Gyeongnam-gun, Jinnam-gun, for the Defendant’s returning home to the district where the police officer had a dispute with the taxi engineer while under the influence of alcohol; (b) the Defendant was unable to avoid disturbance for about 20 minutes by stating that the police officer “I want to die, I want to die, I am. I am. I do am, I am, I am, I am, I am, I am, I son, I am son, I son, and I am son who are not a bitch bitbus, and so doing.”

2. On February 22, 2019, at around 00:17, the Defendant: (a) arrested a flagrant offender in violation of the Punishment Act due to a violation of the Punishment of Minor Offenses Act at a place indicated in paragraph (1) on February 22, 2019; and (b) 200,000 won of the repair cost by walking up two equipment storages located in a district office.

3. 공무집행방해, 상해 피고인은 2019. 2. 22. 00:30경 위 제1항 기재와 같이 체포된 피고인을 경찰서로 인계하려는 경남고성경찰서 C지구대 소속 피해자 D(41세) 경위로부터 순찰차 탑승을 요구받자 “야이 개새끼야 호로 새끼야 시발새끼 골로 보내버린다”고 욕설을 하며 소란을 피우던 중, 피해자가 피고인의 팔짱을 끼워 강제로 순찰차에 탑승시키려 하자 이에 불만을 품고 이빨로 위 D의 오른쪽 허벅지를 물었다.

As a result, the Defendant interfered with legitimate execution of duties by police officers regarding the prevention and suppression of crimes, and at the same time, the Defendant inflicted an injury on the victim, such as an open address for 14-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate and quotation;

1. Relevant provisions of Article 3(3)1 of the Punishment of Minor Offenses Act (the point of cancellation by the government office), Article 141(1) of the Criminal Act (the point of damage to the public goods), Article 136(1) of the Criminal Act, and Article 36(1) of the Criminal Act concerning the crime;