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(영문) 대전지방법원 천안지원 2015.08.20 2014고단1872
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

... 피고인은 2014. 10. 28. 04:30경 충남 천안시 서북구 C에 있는, ‘D’ 편의점 앞 노상에서, 술에 취하여 아무런 이유없이 그곳에 주차되어 있던 피해자 E 소유의 F 쏘렌토 차량의 뒷문과 발판(‘사이드 스텝’)을 발로 수회 차고, 본넷을 주먹으로 수회 내리쳐 등 수리비 약 20만원 상당이 들도록 이를 손괴하였다.

2. At around 05:00 on the same day as indicated in the preceding paragraph, the Defendant: (a) was under influence of alcohol prior to the above convenience store; (b) confirmed personal information and case details, etc. by the slope H affiliated with the G District at the Y of the YY of the YY of the YY of the YY and recommended him to return home; and (c) was on board the hnife to return to the said zone; and (d) committed assault to H’s face at one time by taking a bath, such as “Ig the hye, camping, camping, sick, and sect.”

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 366 and 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution* Crimes for which the sentencing guidelines are not set, concurrent crimes and the following criteria are referenced to the lower limit:

b. [Scope of Recommendation] When the degree of mitigation area of obstruction of performance of official duties (a person with a special mitigation) (a person with a special mitigation) (a person with a special mitigation) assault, intimidation, and deceptive scheme is minor (a decision of sentence). However, there is no record of being punished by a fine or more, and it seems that the person has been detained for a considerable period of time and has been against the victim.

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