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(영문) 의정부지방법원 2017.09.14 2017고단3329
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2017, the Defendant obstructed the performance of official duties, and around 04:30 on July 17, 2017, the Defendant: (a) took a bath at several times to C, who is a taxi engineer, and exercised violence in front of the 107 Dong-dong apartment building No. 89, Dong-dong Parking Lot No. 107; and (b) C had violent incidents in 112.

reported.

피고인은 같은 날 04:50 경 위와 같은 112 신고를 받고 출동한 의정부 경찰서 소속 경찰 관인 경위 D, 경위 E이 피고인을 폭행 등으로 현행범 체포한 후 순찰차에 태우려고 하자 이에 대항하여 주먹을 휘두르고 D의 성기 부분과 왼쪽 발목을 발로 차고, E의 가슴을 양손으로 밀치고 발로 얼굴을 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on criminal investigations.

2. On July 17, 2017, around 05:10 on July 17, 2017, the Defendant: (a) was arrested as a current offender and boarded the patrol vehicle No. 52 at the patrol vehicle at the order of the Gu police station and moved to the police station; (b) was sufficiently divided into the facts arrested in the vicinity of the 525 government station at the time of the Gu Council, which led to the repair cost of KRW 87,879 on the back of the patrol vehicle by exposing back the back glass.

Accordingly, the defendant damaged the patrol car, which is a public object used by the police station of the Government Police Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C, E, and D;

1. A written statement;

1. Patrols, destruction of glass, and photographs of the victim's upper part of the patrol car;

1. A written claim for automobile part payments;

1. Application of Acts and subordinate statutes of the investigation report (19th of investigation records);

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The evidence duly adopted and examined by the court regarding the observation of protection and the assertion of mental disorder by the defendant under Article 62-2 of the Criminal Act.

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