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(영문) 수원지방법원 안산지원 2018.02.01 2017고단2927
특수공무집행방해등
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

[criminal history] On August 10, 2017, the Defendant was sentenced to a suspended sentence of two years for August 8, 2017 due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Support of the Sugwon of Sugwon. The above judgment became final and conclusive on August 18, 2017.

[Criminal facts] The Defendant is the victim B (59) and the victim C (V, 53 years of age).

1. On July 2, 2017, at around 06:05, the Defendant returned home to the Defendant’s house, which was under the influence of DBD 202, with a view to the victims, without any justifiable reason, and then, the Defendant was able to take care of the victims, and the Defendant was able to take care of one of the winders on the floor of the living room, and was laid on the floor, and damaged the above line weather gate, etc.

Accordingly, the defendant damaged the property owned by the victims.

2. 특수 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서 위와 같이 선풍기를 부수고, 부모인 B, C에게 “ 죽여 버린다, 씨 발” 등의 욕설을 하던 중, 112 신고를 받고 출동한 광명 경찰서 E 파출소 소속 F이 이를 제지하자, 위 F에게 위험한 물건인 아령 (1kg) 을 집어 들고 휘두르며 “ 씨 발 좆같은 경찰 짭새 새끼야, 죽여 버린다, 좆같은 새끼, 다가오지 마라, 나 건드리지 마라, 죽여 버린다, 짭새 씨 발 놈들 아, 아령으로 대갈통 쳐 맞아서 피 철철 흘리고 싶으냐.

C. The term “Isia” was threatened.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F and B;

1. C’s statement;

1. A damaged photograph and a photograph of a criminal tool;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (final confirmation of judgment);

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Articles 144(1), 136(1) (a) (a point of obstructing the performance of special official duties) of the Criminal Act, and Article 136(1) (a point of obstructing the performance of special official duties) of the Criminal Act, the choice of imprisonment for a crime.

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