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(영문) 서울중앙지방법원 2019.10.22 2019고단4508

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. 재물손괴 피고인은 2019. 5. 21. 23:20경 서울 관악구 B 주차장에서, 의붓아들인 피해자 C 소유의 D 스타렉스 승합차의 할부금 납부 문제로 화가 나, 그곳에 세워져 있던 주차금지 표지판을 위 스타렉스 승합차의 후면 유리창을 향하여 던지고 손으로 위 스타렉스 승합차의 후면 유리창을 수회 내리쳐 깨뜨리고, 계속해서 흥분하여 위 스타렉스 승합차 바로 옆에 세워져 있던 피해자 E 소유의 F BMW 승용차의 후면 펜더, 트렁크 및 범퍼 부분을 손으로 수회 내리치고 위 주차금지 표지판의 가운데 부분에 있는 쇳덩이로 수회 긁어 흠집이 나게 하였다.

As a result, the Defendant damaged the victim’s property owned by C by impairing its utility so that it can be lost by repair costs, and damaged the utility of the property owned by the victim E by impairing the use of the property equivalent to KRW 800,000.

2. On May 21, 2019, the Defendant engaged in obstruction of performance of official duties at the same place as indicated in paragraph (1), at around 23:30 on May 21, 2019, the Defendant committed assault, such as: (a) who was prevented the Defendant from destroying a vehicle at the scene after receiving 112 reporting that the Defendant would damage the vehicle; and (b) who was sent to the site by the slopeH affiliated with the Seoul Gwanak-gu Police Station G Police Station that: (c) was pushed down the H’s timber and the chest part; and (d) caused H to the back glass of the department located there.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes by police officers and the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. A criminal investigation report (Submission of a written statement of the victim C);

1. Investigation report (for wooden persons, hearing their statements at the time and reporting thereon);

1. Application of police officials' H-damage photographs, Costex-damage photographs, and BMF-damage photographs;

1. Article 366 of the Criminal Act (the point of causing destruction and damage) and Article 366 of the Criminal Act concerning the criminal facts, the choice of punishment, etc.