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(영문) 의정부지방법원 2014.04.21 2015고단115
공무집행방해등
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. On September 14, 2014, at around 00:30 on September 14, 2014, the Defendant damaged the victim’s “D key points” in the operation of Chungcheongnam-gun, Chungcheongnam-gun, by viewing sight from the Defendant’s workplace E, a commercial employee of the Defendant, and then, by walking up a standing signboard of approximately 300,000 won at the market price, which is the victim’s ownership, the Defendant destroyed it.

Accordingly, the Defendant damaged the property owned by others.

2. 공무집행방해 피고인은 위와 같은 날 00:45경 위와 같은 장소에서 위와 같이 소란을 피우던 중 신고를 받고 출동한 부여경찰서 F지구대 소속 경찰관인 경사 G가 피고인에게 인적사항을 말할 것을 요구하자 위 G에게 “씨발”이라고 욕설을 하며 양손으로 G의 가슴을 밀치고 발로 G의 정강이를 1회 걷어차고, 계속하여 이를 제지하던 같은 지구대 소속 경찰관인 경사 H의 다리를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform their duties, thereby hindering police officers from performing their legitimate duties for the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, C, and H;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has a record of having been sentenced to a suspended sentence of two years for the crimes of obstruction of performance of official duties, etc. on the grounds that the defendant was sentenced to a suspended sentence of two years on the grounds of the crime of obstruction of performance of official duties on the part of 2005, but there was no record of punishment for violent crimes for about ten years thereafter; the victim C and the police officer submitted a written application to the effect

1. Order of community service;

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