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(영문) 서울서부지방법원 2018.01.11 2017고단2997
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 8. 5. 23:30 경 서울 마포구 C 앞길에서 112 신고를 받고 출동한 서울 마포 경찰서 D 지구대 소속 경위 E이 F에 대한 폭행 범행으로 피고인을 현행 범인으로 체포하려고 하자, “ 야, 이 씹 새끼야. 너희들은 뭐하는 새끼야. 이 짭새 같은 새끼야. 이 병신 같은 새끼들” 이라고 욕설을 하며 손으로 E의 손목을 할퀴고, 주먹으로 가슴 부위를 1회 때리고, 발로 허벅지 부위를 2회 차는 등 폭행하였다.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

2. The Defendant damaged public goods by putting the back door of the G patrol car used in the Seoul Mapo Police Station D District, which was arrested as a current offender at the time and place described in paragraph 1, on board the patrol vehicle, and putting him/her on the patrol vehicle, and thereby damaging public goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes, such as photographs of damage;

1. Relevant Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act (the point of damage to goods for public use and the selection of fines) concerning criminal facts, and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines);

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;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant reflects the instant crime in depth; (b) the Defendant appears to have committed the instant crime in a state where he has lost his ability to judge and control by taking advantage of his personal records; (c) the Defendant has been subject to apology to the victimized police officer; (d) the Defendant has discharged the vehicle repair expenses; (e) the Defendant has no record of criminal punishment; and (e) the Defendant has no record of criminal punishment; and (e) other conditions of sentencing stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, home environment, motive for the instant crime

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