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(영문) 광주지방법원 목포지원 2017.11.16 2017고단1147
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 7. 5. 01:07 경 목포시 B에 있는 ‘C 주점’ 앞에서, 술에 취하여 소란을 피운다는 112 신고를 받고 출동한 목포 경찰서 D 지구대 소속 경찰관들 로부터 귀가할 것을 요구 받자 화가 나 순경 E에게 “ 이 어린놈의 새끼야, 콱 때려 죽여 버린다!

“Abre, as we can see a high sound, flaps, 2 to 3 tights, flaps, and f, who taken this, she saw f, “Wed off, flaps which are not covered by this f,” and assaulted F, such as “F’s hand by hand, flabing the left side of the said F with a hick and flabing the hand on one hand.”

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

2. On July 5, 2017, around 01:45, the Defendant damaged public property: (a) was arrested in flagrant offender on the same ground as described in paragraph (1) at the wooden Police Station D District; (b) and (c) was arrested in a flagrant offender on the same ground as described in paragraph (1); and (d) the police officer, who was seated in the said global wave, failed to cut the lock and sound; and (c) the water purifiers installed at the same place, which he received from the police officer, failed to operate.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. A criminal investigation report on the state of dispatch to the site;

1. Application of Acts and subordinate statutes to investigation reports, receipts, and estimates;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the choice of imprisonment);

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 (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. The observation of protection and the circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Code of the Social Service Order: the main situation is to be taken.

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