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(영문) 서울남부지방법원 2018.02.09 2017고단4557

공용물건손상미수등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 8. 1. 21:30 서울 금천구 B, 2 층에 있는 피고인의 집에서 ‘ 가정폭력, 빨리 와달라.’ 라는 내용의 112 신고를 받고 출동한 서울 금 천 경찰서 C 지구대 소속 경장 D으로부터 사건 내용에 대한 진술을 요구 받자 주먹으로 피고 인의 앞에 놓여 있던 보행기를 내리치면서 위 D에게 “ 나랑 맞짱 한번 뜰래

".......... the lush part of D was assaulted once by the fingers by lushing the lush and the lush.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant who attempted to damage public goods was arrested as the current criminal of interference with the performance of official duties on the grounds of Paragraph 1 at the date, time, and place specified in Paragraph 1, and was arrested as the latter seat of the patrol vehicle, and the Defendant did not over-supposed.

”라고 소리치면서 순찰차의 뒷좌석 보호 창문 및 조수석 창문을 발로 수회 걷어찼다.

Accordingly, the Defendant attempted to damage goods used by public offices, but did not harm the above windows, etc., so that he attempted to commit attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Articles 143 and 141(1) of the Criminal Act (a) (a point of attempted damage to goods for public use), Article 136(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) of the Criminal Act, and choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into consideration that there is no history of criminal punishment exceeding a fine against the defendant, that the defendant has received mental therapy, that the defendant reflects his/her gender, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;