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(영문) 의정부지방법원 2013.09.25 2013고단2023

공무집행방해등

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 May 17, 2013, the Defendant causing property damage: (a) around 23:40 on the 17th day of the Government-Si road, the Defendant discovered E-WG car owned by the victim and discovered the E-WG car owned by the victim, which was under the influence of alcohol, on the ground that ordinary victims D (33 years of age) did not examine the Defendant and his/her mother with respect to his/her child; and (b) made the victim feel “to open, die................................” the Defendant dived the Defendant’s child at the front of the Government-Si road

Accordingly, the Defendant damaged the car owned by the victim to cover the repair cost equivalent to KRW 1,588,872.

2. On May 18, 2013, the Defendant reported to the police at around 00:30 on May 18, 2013 at the place under the preceding paragraph, and at around 00:30, the Defendant reported to the police that the Defendant was threatening to suffer secondary damage due to the scambling of the Defendant’s shoulder, and when the Defendant stated the details of the report to G during the police box affiliated with the police box of the medical police station dispatched by the victim upon receipt of the report, the Defendant carried the victim himself and carried the victim’s scam and arms, respectively,

Accordingly, the defendant assaulted the victim.

3. At around 00:35 on May 18, 2013, the Defendant: (a) obstructed the performance of official duties, as in paragraph (2) at the place under the foregoing paragraph (1) where the Defendant assaulted D, G, the circumstances leading up to the foregoing G, “police shots shall be changed to her seat,” and (b) G, “police shots shall be changed to her seat, her seat, following the strokeing of G, followed the bridge of G, and the chest was divided.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on 112 reported handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of each police statement concerning G and D;

1. Photographss of damaged vehicles, scene of crimes, and damaged photographs;

1. Application of Acts and subordinate statutes of each vehicle estimate;

1. Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 136 of the Criminal Act, Article 36 of the applicable law as to the crime, the choice of punishment (the point of assault and the choice of imprisonment), Article 136 of the Criminal Act.