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(영문) 광주지방법원 2013.08.22 2013고단3136
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. From around 09:30 on July 12, 2013 to 11:40 on the same day, the Defendant obstructed the victim’s PC operation by force by force, such as drinking in the FPC room operated by the victim E in Gwangju Dong-gu by drinking in the PC room operated by Gwangju Dong-gu, leaving the floor softening sound on the floor, and taking a large amount of talking.

2. 공무집행방해 및 공용물건손상 피고인은 2013. 7. 12. 11:40경 위 F PC방에서 위 1항과 같은 이유로 112신고를 받고 출동한 광주 동부경찰서 G파출소 소속 경장 H이 PC방 바닥에서 누워있는 피고인을 일으켜 세우자 피고인은 머리로 H의 얼굴을 들이받으려 하고, “야 시발놈아, 경찰 새끼들 다 죽여분다”, “돈 받아먹은 비리 경찰관 꺼져라”라고 큰소리로 욕설을 하며 피고인의 왼쪽 발로 H의 정강이 부분을 2회 찼다.

As a result, H notified the Defendant of the summary of the facts of avoidance, the right to appoint a counsel, and attempted to arrest the Defendant as an act of committing an act of committing an act of crime, and caused the Defendant to spath off the H and open the PC in front of the PC, thereby cutting one string of the driver’s seat of the ISM3 patrol vehicle, which was parked in front of the PC, and then damaging the H’s right shoulder part of the H’s right shoulder during the movement of the patrol vehicle, and H spathed down several times at the G police box located in the department of the Dong-gu in Gwangju-gu, Gwangju Metropolitan City.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of crime by assault or intimidation, and infringed the utility of public goods equivalent to 40,000 won used by the Gwangju Provincial Police Agency.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Relevant Article 314(1) of the Criminal Act, Article 141(1) of the Criminal Act (a point of interference with business), Article 141(1) of the Criminal Act ( point of damage to public goods), Article 136 of the Criminal Act for criminal facts;

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