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(영문) 수원지방법원 여주지원 2016.06.24 2016고단410
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 30, 2014, the Defendant was sentenced to two years of imprisonment by the Jeju District Court for interference with business affairs, etc., and completed the execution of the sentence on April 1, 2016.

[ 범죄 사] 피고인은 2016. 4. 27. 14:00 경 여주 시 세종로에 있는 여주 시청의 복지정책과 사무실, 시장 실 등에서 술에 취한 채 제주도 집에 갈 여비를 달라고 소란을 피웠으나 그 곳 공무원인 C, D 등으로부터 ‘ 지원 가능한 여비는 2만 원 상당이다’ 는 말을 듣자 화가 나 위 D에게 욕설을 하며 ‘ 나 뇌경색 있으니까 건들지 마라. 나는 정신과 약을 먹기 때문에 내가 깽판을 쳐도 나는 처벌되지 않는다.

깽 판 한 번 쳐 주겠다.

“Intimidating”.

Defendant continued to extract a mountain at the entrance of the above welfare policies and offices, and Defendant E, a public official belonging to the State viewing due to the above mountain, was seated to monitor the PC on the side where he was working, and assaulted the female, and the public official at the same time did not control the Defendant, and the public official at the same time did not control the Defendant.

By smugglinging the PC monitors, the keyboard was omitted.

Accordingly, the defendant interfered with the legitimate execution of duties by public officials, and damaged the keyboard, which is a public object, in the amount of 16,500 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Written statements of D;

1. On-site photographs and photographs of damaged articles;

1. Written estimate;

1. Before judgment: Application of the results of the search of prisoners and investigation reports (the confirmation of suspect A, repeated crimes and the same records);

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141 (1) of the Criminal Act (the point of damaging things), and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes

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