logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원거창지원 2020.11.18 2020고단193
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On August 19, 2020, at around 02:40 on August 19, 202, the Defendant: (a) destroyed the damage of property by spreading the door door (75 cm, length 195 cm, length 75 cm) of the victim’s market price owned by the Defendant on the ground that the fact that E, an employee of the said singing-type, did not pay the amount borrowed from the Defendant under the influence of alcohol, was in default; and (b) the Defendant destroyed the damage by spreading the door door door (75 cm, length 195 cm) of the victim’s market price.

2. 공무집행방해 피고인은 2020. 8. 19. 03:15경 제1항 기재 장소에서, ‘모르는 사람이 문을 부쉈다’는 내용의 112신고를 받고 출동한 거창경찰서 F지구대 소속 경찰관 경위 G, 순경 H이 피고인에게 출입문 유리를 파손하였는지를 묻자 “난 죄가 없어, 이건 쌍방이야. 알아, 씨발놈아”라고 욕설을 하며 G의 배 부위를 양손으로 2회 밀쳐 폭행하고, 계속해서 H에게 “시발 개존만 새끼야. 씨발놈아 너 죽여버린다”, “체포해봐 개씨발새끼야”라고 수차례 욕설하며 양팔을 내민 채 접근하여 H의 신체에 위해를 가할 듯이 협박하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement C, a written statement prepared by G and H, on-site photograph, investigation report (written estimate, etc. of damage);

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order had a record of having been punished several times as a crime of causing property damage, the crime of this case was committed, and the crime of obstruction of performance of official duties is a legitimate exercise of public authority.

arrow