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(영문) 광주지방법원 순천지원 2017.01.12 2016고합257
공무집행방해등
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

Criminal facts

The defendant is a person who lacks the ability to discern things or make decisions due to the degradation of dementia and recognition function.

1. In a state that the defendant lacks the ability to discern things or make decisions, the defendant who obstructed the performance of official duties is deemed to be in the position of a police officer" to the assistant F for a police officer assigned to a police box of the old police station E box dispatched after receiving a report of disturbance on the front of the ‘D' food in the Southern War C at around June 19, 2016, when he/she lacks the ability to discern things or make decisions.

"I am going to walk the left side of the back of the way" one time, and have a shoulder by drinking.

Since then 22:30, the driver tried to damage the antenna of the patrol vehicle in the course of the patrol vehicle, and the kneee of the police officer at the right right time was walked one time to walk the knee of the police officer at the same time.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation affairs.

2. Damage to goods for public use;

A. While the Defendant lacks the ability to discern things or make decisions, the Defendant destroyed the said patrol vehicle with the repair cost of KRW 59,938 by putting the patrol vehicle antenna at the time and at the place under Paragraph 1, while having weak capacity to distinguish things and make decisions.

B. Whether there is no tobacco for a police officer who was investigated at the G office of the former 74 Police Station G office on June 20, 2016, when the defendant lacks the ability to discern things or make decisions, and was investigated by the former 01:00 on June 20, 2016.

C. The flap gux expressed the desire, flab, and flabed on the books and flab, thereby decing the glass in the books.

Accordingly, the Defendant damaged the articles used by public offices over twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, H, and I;

1. Application of investigation reports (influences of damaged parts and photographs of damaged vehicles), investigation reports (influences of video materials damaged by indoor suspects and public objects damaged by indoor suspects), and statutes;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act concerning criminal facts (the point of obstructing the performance of official duties, etc.).

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