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(영문) 대전지방법원홍성지원 2020.12.01 2020고단775
공무집행방해등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Performance of official duties;

가. B지구대 앞길에서 범행 피고인은 2020. 7. 23. 01:07경 충남 예산군 C에 있는 B지구대 앞길에서 술에 취한 상태로 도로변에 누워있던 중 상황근무 중이던 충남예산경찰서 B지구대 1팀 소속 경사 D가 피고인에게 "일어나서 귀가하세요."라고 말하면서 피고인을 부축하자 아무런 이유 없이 오른손바닥으로 D의 왼쪽 뺨을 1회 때리고, 계속해서 D의 멱살 부위를 잡고 “씹할 놈아, 경찰이면 다냐.”라고 말한 뒤 오른발로 D의 왼쪽 허벅지를 1회 걷어찼다.

B. On July 23, 2020, around 03:02, the Defendant committed the crime in the detention room of the Hongsung Police Station: (a) in the custody room No. 4 of the Hongsung-gun Hongsung-gun, Hongsung-gun, Hongsung-gun, 1254, knife a toilet changeer in his hand, and (b) the circumstances under which the Defendant was affiliated with the Hongsung Police Station E, such as opening the toilet knife, knife the Defendant; (c) knife “this knife knife knife knife knife knife knife knife knife knife knife knife knife Fnife knife knif

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on two occasions.

2. The Defendant damaged public goods at the time and place specified in Paragraph 1(b) above, and without any reason, removed toilets, the market price of which is equivalent to 16,90 won, as his/her hand, and destroyed them.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on photographs by capturing the F’s written statement of the statement of the police with respect to D and capturing photographs and damaged photographs, site photographs, and closure of ctv video in the cell of the Red Police Station;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for each crime;

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

1. The Criminal Act, the suspension of execution;

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