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(영문) 창원지방법원 2021.01.29 2020고단3480
재물손괴등
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Punishment of the crime

1. On October 1, 2020, the Defendant: (a) around 23:00 on October 1, 2020, the Defendant: (b) was drunk at the D cafeteria operated by the Victim C, which was seated in the lower part of the D cafeteria; (c) was bread by the Defendant, and (d) was boomed on the floor, which was the victim’s market price on the top of the said cafeteria; and (d) was 2 2 flicks of the total market price of KRW 70,00,000, which is the victim’s possession.

Accordingly, the defendant damaged the victim's property.

2. 공무집행 방해 피고인은 2020. 10. 1. 23:48 경 창원시 진해 구 E 앞길에서 ‘ 술 취한 사람이 행패를 부린다’ 는 112 신고를 받고 출동한 진해 경찰서 F 지구대 소속 경사 G가 피고 인의 인적 사항을 묻자 “ 내가 뭘 그리 잘못했는데 ”라고 소리를 지르며 손으로 G의 팔을 1회 내려치고 주먹으로 G의 가슴 부분을 1 회 밀쳐 G를 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the police statements made to G, each internal investigation report, and the application of the statutes governing each investigation report;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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;

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