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(영문) 대전지방법원 2019.09.26 2019고단2759
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:05 on June 15, 2019, the Defendant: (a) committed assault, such as discovering C in the Daejeon Dong-gu Seoul Special Metropolitan City B Studio; (b) discovering C to park in the relevant place; and drawing the dub of fat; and (c) raising the fat at drinking without any justifiable reason after receiving a report of D-D’s 112, and demanded the Defendant to stop and separate the Defendant in his body-fighting match and return home to the Defendant; (d) he did not return home, and (e) took action to stop the above stud door, and prevented the Defendant from carrying out the lawful performance of duties by the police officer with regard to the handling of the 112 reported case.

2. 공용물건손상 피고인은 위 폭행 사건 등 전항과 관련 2019. 6. 15. 17:25경 현행범체포되어 성남순찰차에 태워 E지구대로 연행되어 가던 중, 순찰차 내, 외에서 “내가 무엇을 잘못하였는데 나를 수갑을 채워, 개새끼야, 씹새끼야, 죽여버릴거야”등 욕설을 하며 공용물인 순찰차의 보호겹벽(방어벽), 뒷좌석 우측 창문을 발로 차고 순찰차의 앞문 조수석 문짝을 1회 발로 찼다.

As a result, the Defendant had the right to use the patrol car protection wall (defense wall) that is used by public offices to maintain the repair cost of KRW 495,00.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Statement of the police;

1. Application of the written estimate statutes;

1. Article 136 (1) and Article 141 (1) of the Criminal Act and Article 141 (1) of the Criminal Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The obstruction of the performance of official duties of this case committed against the police officer for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend school.

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