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(영문) 대구지방법원 경주지원 2012.08.28 2012고단661
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

On October 13, 2010, the Defendant was sentenced to a fine of 3 million won for a violation of the Punishment of Violences, etc. Act (joint assault) at the Incheon District Court on October 13, 2010, and the same power is 16 times.

1. On July 15, 2012, from around 22:15 to 22:40 of the same day, the Defendant: (a) expressed in the “E” restaurant operated by the victim D, the victim D, who was in the racing city, that “the victim scams to the other customers in the restaurant,” on the ground that the victim scams to the other customers in the restaurant; and (b) obstructed the victim’s drinking business by force for about 25 minutes by making customers, such as F, etc., who were drinking in the restaurant and drinking in the restaurant.

2. 공무집행방해 피고인은 2012. 7. 15. 22:30경 위 식당 앞길에서 피고인이 난동을 부린다는 신고를 받고 출동한 G파출소 경찰관 경사 H이 위 F을 상대로 피해 경위를 조사하자, 경사 H에게 “씹 새끼야 너거들 가게 봐주고 있나 씹새끼야 눈까리를 파삘라, 좆밥, 거지같은 새끼야, 함 붙어보까 씹 새끼들”이라고 욕설을 하면서 동인의 멱살을 양손으로 잡아 흔들고, 목 부위를 2회 때려 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

3. On July 15, 2012, at around 23:00, the Defendant damaged a 1.50,000 square meters of the market value (a.e., 124 cm, 130 cm in length) at a time, which was under waiting to the G police box at the time of the racing.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to I;

1. Each statement of D and F;

1. Investigation report (as to the attachment of the victim F's standing photo and photographic photo);

1. Criminal records;

1. Investigation reports (related to attachment of suspect A’s past criminal records).

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