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(영문) 창원지방법원 2017.06.02 2016고단1796
공용물건손상등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2016. 4. 24. 07:00 경 창원시 의 창구 C에 있는 D 편의점 앞에서 술에 취하여 E과 말다툼을 하던 중 112 신고를 받고 출동한 창원 중부 경찰서 F 지구대 소속 순경 G, 순경 H, 경위 I, 경장 J로부터 “ 그만 하고 집으로 이제 돌아가라” 라는 말을 듣자 화가 나서 “ 경찰 씹할 느그가 뭔 데, 씹할 경찰이면 다가. ”라고 하며 손으로 경장 J의 팔과 가슴을 밀치고, 계속하여 손으로 경장 J의 얼굴을 할퀴고, 발로 순경 G과 H의 복부 부분을 수회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of the 112 reported case.

2. On April 24, 2016, at around 07:10 on April 24, 2016, the Defendant damaged public goods, at the places indicated in the preceding port, 61,626 won were accompanied by repair costs, such as: (a) the Defendant was fluencing the front door of the patrol 11 (K) belonging to the F District; (b) continuously boarded the said patrol vehicle; and (c) the Defendant continued boarding the said patrol vehicle; and (d) the f61,626 won were not to close the front door of the patrol vehicle; and (c) the Defendant was f61,626 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, J and H;

1. Written estimate;

1. Application of photographs of police officers damaged by each damaged police officer and photographs damaged by patrol vehicles;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act (the point of impeding the performance of official duties) concerning facts constituting an offense;

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

1. Selection of each sentence 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

A. A. There is no basic area (referring to six months to one year and six months) of the basic area (referring to the invalidation of public goods) for the crime of damaging public goods (the scope of a recommendation).

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