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(영문) 의정부지방법원 2014.10.08 2014고단2747
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 30, 2014, at around 01:10, the Defendant damaged another’s property by breaking the first door of the FF car owned by the victim E, who was parked in a certain place without any reason under the influence of alcohol, on the street in front of the D convenience store located in Speaker-si C, the Defendant damaged the other’s property to have a repair cost of KRW 516,000.

2. At around 01:23 of the same day, the Defendant, at the same place, and at the same time, notified the victim H (25 years of age), a police officer affiliated with the Speaker Police Station G police box called upon receiving a report, that the Defendant would be arrested as a flagrant offender in the crime of destroying and damaging property after hearing the circumstances of the case from the victim of the damage of property, and that the Defendant would be arrested the Defendant as a flagrant offender in the crime of destroying and damaging property. In the presence of a large number of people, the Defendant was sexually insulting the victim by openly insultinging the victim by using a large voice, such as the c

3. After the Defendant had expressed a desire to do so, the Defendant damaged the objects used by public offices by breaking the inside 73,00 won of the repair cost to walk the inside gate of the I vehicle, which is a patrol vehicle used by the said H, by arresting the Defendant as an flagrant offender, and taking on the back seat of the I vehicle, such as the inside glass and knife of the vehicle.

4. The Defendant continued running of the above patrol vehicle, cut off the above H, which is a police officer, due to drinking, cut off the vehicle, etc., and obstructed the police officer’s legitimate execution of duties concerning the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and E;

1. A statement prepared by J and K;

1. Damage photographs;

1. A complaint;

1. Written estimate of repair costs;

1. Application of the written estimate of vehicle repair costs to the Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime (the point of obstruction of performance of official duties), Article 141(1) of the Criminal Act (the point of damage to public goods), Article 366 of the Criminal Act, Article 311 of the Criminal Act, and Article 31 of the Criminal Act, respectively;

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