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(영문) 인천지방법원 2015.06.12 2015고단1723

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2015, at around 21:25, the Defendant: (a) was drunk on the street in front of the building, Nam-gu, Incheon, Namdong-gu, Incheon, and caused a d New EFbena vehicle operated by the Victim C, which was broken down on the main set of the vehicle.

이에 피해자가 경적을 울리자 피고인은 주먹으로 차량의 앞유리를 수회 내리치고, 본네트 위에서 몸을 뒹구는 등의 방식으로 위 차량의 수리비가 426,963원 상당이 들도록 손괴하였다.

2. 공무집행방해, 상해 피고인은 제1항 기재 일시, 장소에서 위 C의 112신고를 받고 현장에 출동하여 피해 사실을 청취하는 인천남동경찰서 E파출소 소속 경찰관인 경사 F에게 “경찰이면 똑바로 해야지, 씨발”이라고 욕설을 하며 왼쪽 정강이를 발로 걷어찼다.

Therefore, the defendant was arrested as a flagrant offender of the obstruction of performance of official duties and was on board the patrol vehicle, and the defendant continued to have the face of F with one time at the left side of F with one hand.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning handling 112 reports and inflicted injury on the victim F by getting the victim F to get the victim's side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. The damaged vehicles and photographs on the part of the injury;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines for recommendation [the range of recommendations] general injury (the scope of general injury) is based on the aggravated area (6-2 years) (a special person]. In the case of obstruction of performance of official duties, the sentencing guidelines are not set.