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(영문) 인천지방법원 2017.01.11 2016고단7674
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On October 11, 2016, around 20:15, the Defendant damaged the “F” restaurant operated by the victim E on the first floor of Yeonsu-gu Incheon Metropolitan City D C Dong 1, Yeonsu-gu, without any reasons under the influence of alcohol, by gathering a simple table table, owned by the victim in front of the above restaurant, and destroying the amount of repair costs equivalent to KRW 165,000 at the market price.

2. The Defendant interfered with the performance of official duties at the same time and place as set forth in Paragraph 1. Paragraph 1. of the above, and the Defendant, upon receiving a report from 112, sent to the site by the Defendant, and recommended H and I, a police officer belonging to the Incheon Yeonsu Police Station G District patrol 1 Team of the Yeonsu-gu Incheon Police Station, to return home to the Defendant, and assaulted H’s chest part of the Defendant on a drinking floor at one time and one time, with the Defendant’s chest, h’s chest, hair, head, and buckbuck.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officials on the handling of 112 reported cases.

3. On October 1, 2016, the Defendant damaged public goods at around 22:48, the cause of Yeonsu-gu Incheon, and at the criminal team office of the Yeonsu Police Station, at the criminal team office of the Yeonsu Police Station, and at the same time, one of the computers on his/her book under the influence of alcohol was cut and destroyed so that the market value remains unrefied repair costs.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to the destruction of computers installed in an investigation seat exclusively for local police officers);

1. Relevant Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act are violence.

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