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(영문) 의정부지방법원 2014.10.21 2014고단3070

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 01:20 on August 23, 2014, the Defendant damaged public goods: (a) on the street in front of “D hotel” located in Ma-si C; (b) on suspicion of assault against E, the Defendant was arrested as a flagrant offender to G head G belonging to F District Group, and was admitted to the cell of the Government Police Station located in Ma-si 1265 at Ma-si, Ma-si.

At around 05:05 on the same day, the Defendant removed the tap water installed at the above police station by hand, and caused the water flow out of the tap water to flow over the inside of the protection and detention room.

Accordingly, the Defendant damaged the water fump, which is the goods used by public offices, to be 100,000 won of the water supply cost.

2. At around 05:10 on the same day, the Defendant was at the detention room No. 5 in the above police station on the same day, and the Defendant was at one time at the face of a slope I belonging to the House of the Government Police Station H of the Republic of Korea, who opened an equipment to correct the Defendant, and attempted to talk with the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the management of detention rooms of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes governing each investigation report (CCTV image attachment);

1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Second crimes with the reason for sentencing of Article 62-2 of the Social Service Order Act [Scope of Recommendation] : Article 62-2 of the Criminal Act ; Article 62-2 of the same Act ; Article 62-2 of the same Act ; a person who has no basic area (6-1-4 months) (6-1-4 months) / [the scope of Recommendation ] / Where the value of invalid or destroyed articles is minor, according to the increase of multiple crimes.