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(영문) 창원지방법원 밀양지원 2019.09.24 2019고단285
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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. 공무집행방해 피고인은 2018. 10. 20. 19:20경 밀양시 밀양향교3길 11에 있는 밀양향교 앞 공터에서 자신의 처 B과 말다툼을 하다가, 112신고를 받고 출동한 경찰관들이 B에게 경위를 파악하려고 하자 이를 방해하면서 “씨발놈아, 짜바리야, 진짜 경찰 맞냐” 등의 욕설을 하였고, 계속하여 성명불상자와 휴대폰으로 통화를 하던 중 휴대폰을 쥔 오른손으로 밀양경찰서 C파출소 소속 경위 D의 얼굴 부위를 밀치듯이 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. On October 20, 2018, the Defendant: (a) was arrested as a flagrant offender of obstruction of performance of official duties for the same reason as described in paragraph (1); (b) was transferred to the criminal guidance office of the Kanyang Police Station located in 1545, as the upper south of the upper half of the pushed-down, and (c) was unable to escape from disturbance because the Defendant was seated, seated, and kiding the Defendant’s arms and legs, etc.; and (d) the police officers continued to wear the Defendant’s arms and legs, etc. in order to realize the Defendant’s body, and walked the steel frame at the bottom of the wave at which the police officers walked, leading the 110,000 won of the repair cost to the extent of damage.

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

3. Around 19:04 on October 20, 2018, the Defendant was under the influence of alcohol by 0.09% from the 1km section of approximately 1km to the front hole of the Dondong Resident Center in 189, Seoyang-si, Seoyangyang-si, 189, to the Dondong Resident Center in 189, Seoyang-si, Seoyangyang-si, 189, and driven an E-car under the influence of alcohol concentration of 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the usage register of a drinking-free measuring instrument, investigation report (Attachment of CCTV recording images around the site), notification of the results of the drinking driving control, and investigation report (in case of the formal application of the drinking-free mark at the time of driving A).

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