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(영문) 전주지방법원 2014.12.09 2014고단1617

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. On September 10, 2014, the Defendant: (a) around 01:00, the Defendant destroyed the door door and the entrance of the victim owned by the Defendant at several times at the 2nd floor of E-house owned by the victim D in Geumcheon-gu Seoul Special Metropolitan City on September 10, 2014; and (b) on the hump North debt ( approximately 42 cm in length, approximately 2.5 cm in thickness) under the influence of alcohol, so that the entrance of the victim owned by the Defendant would amount to repair costs in the market

2. On September 10, 2014, around 01:35, 201: (a) the obstruction of performance of official duties; (b) the Defendant: (c) on the second floor of the instant E-house; and (d) “Instring the door and corridor walls,” the Defendant was placed on the second floor of the said E-house; (b) the G and the circumstances leading up to the E-house belonging to the Jeondong Police Station F District, which was called to the site upon receipt of the 112 report, and the person who was asked about personal information, etc.; (d) twice the left side of the E-ray, namely, the Defendant was placed at one time at the left face of the Ha

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes, and at the same time there was an open standing room for the victim G to require medical treatment for about one week.

3. 모욕 피고인은 2014. 9. 10. 02:00경 전주시 덕진구 I에 있는 전주덕진경찰서 F지구대에서, 위와 같이 공무집행방해 현행범인으로 체포되었다는 이유로 J 등 7명이 있는 가운데 피해자인 경위 K에게 “K 너 씹새끼야! 너 좆됐다. 이 씹새끼야! 개새끼야! 병신새끼야!”라고 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning L, G, H, K, M, and D;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to the head of a complaint, a written diagnosis of injury, scene of each crime, and damaged photographs;

1. Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

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

1. The defendant who selected each of the selective fines for punishment made confession of the crime of this case and reflects his depth of mistake, and the defendant destroyed and damaged property.