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(영문) 수원지방법원 성남지원 2014.06.12 2014고합71

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of imprisonment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage thereto);

A. On March 20, 2014, at around 11:30, the Defendant entered the victim D’s residence in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, and took a bath for the victim D, and unloaded the victim’s front door glass on the second floor, which is a dangerous object in the surrounding area, on several occasions, and damaged the entrance door so that approximately KRW 20,000 of the repair cost would come.

B. At around 12:00 on March 20, 2014, the Defendant continued to set off D’s house at D’s house, and damaged passenger cars at the market price by getting off the victim F’s G car, which was parked in the front way of Sungnam-si E-gu, Sungnam-si. The Defendant: (a) caused the victim to get aboard; (b) a hack pipe (170cm in length) which is a dangerous thing that the victim attempted to kill and attempted to die; and (c) caused the damage of passenger cars at the market price by getting off five times the front glass and the passenger’s seat.

2. At around 13:20 on March 20, 2014, the Defendant: (a) extracted the carnet support team for employees on the right side of the Defendant’s left side while arrested and waiting for a flagrant offender (a 85cm x 117cm x 117cm) from the I Zone; (b) followed by assaulting the victim who is a police officer belonging to the I Zone (31 years of age) who was in charge of the management of a new disease within the I Zone; and (c) committed assaulting the victim who is in charge of the management of a new disease within the I Zone, the Defendant laid down the salt and tension on the right side part, which requires a medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police to F and J;

1. Written statements prepared in D;

1. A medical certificate;

1. A criminal investigation report (specific amount of damage);

1. Application of evidence photographs and CCTV-based CCTV-related Acts and subordinate statutes;

1. Violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) against a crime: Articles 3 (1) 1 and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act causing bodily injury resulting from the obstruction of performance of special duties: Articles 144 (2) and (1) and 136 (1) of the Criminal Act;

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