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(영문) 대구지방법원 2015.09.17 2015고단3819

공용물건손상등

Text

A defendant shall be punished by imprisonment for one year.

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. On August 18, 2015, at around 00:37, the Defendant damaged public goods: (a) 00:29 on the same day, the Defendant called “112,” and called “112, at all times, at the Dental Police Station located in Yongcheon-si, Yongcheon-si; (b) on the same day, the Defendant called 112 to the said Police Station; and (c) on the ground that the police officer had asked the circumstances of re-report, she was under the influence of alcohol, and (d) on the ground that she was under the influence of alcohol, and (d) on the ground that she was able to ask the police officer for the circumstances of re-report, she was able to take a large voice, and (d) was destroyed by her continuously taking a chair for office use, and then she was able to take one of the chairs for other office use in the market value of KRW 77,000.

Accordingly, the Defendant damaged the use of goods used by public offices.

2. 공무집행방해 피고인은 제1항 기재와 같은 일시, 장소에서 영천경찰서 D파출소 소속 경위 E과 경장 F가 피고인을 제지하려 한다는 이유로 화가 나 위 두 경찰관에게 주먹을 휘두르고, 발길질을 하고, 계속하여 여러 차례 침을 뱉어 그곳에 있던 경위 G, 경장 F의 얼굴에 맞히는 등 폭행하고, 다시 그곳에 있는 경찰관들을 상대로 “야! 이 개새끼야. 죽여버린다. 니 내 기억하고 있어라. 석궁으로 쏴 죽여버린다.”라는 등 협박하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. A copy of the work log;

1. Each photograph;

1. A statement of 112 reported case settlement;

1. Application of the Acts and subordinate statutes on tax invoices and estimates;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.