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(영문) 창원지방법원 통영지원 2018.02.06 2017고단1773
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 22, 2017, the Defendant violated the Punishment of Violences, etc. Act (Disposition of Suspension of Prosecution on the same day), along with B (Disposition of Suspension of Prosecution on the same day), carried alcohol at the victim D’s singing shop operated by Singing C on October 22, 2017, on the ground that the service of the above main shop is not in mind. B, on the ground that the market price of the victim’s possession on the table with arms and hand, which was on the table, was broken down by cutting down 197,00 won in total, tamping the market price of the victim’s possession on the table with the floor.

Accordingly, the defendant jointly destroyed the victim's property in conjunction with B.

2. The Defendant interfering with his duties, together with B, shall avoid the disturbance as above at the time, time, and place specified in paragraph 1, and shall continue to be “scling and calculating” with the victim D.

It was difficult to avoid any disturbance for about 40 minutes, such as "I see, I see, I see, I am, I am with the glass in the floor and corridor."

Accordingly, the Defendant conspiredd with B and interfered with the victim's main business by force.

3. 공무집행 방해 피고인은 2017. 10. 22. 22:40 경 거제시 E에 있는 거제 경찰서 F 지구대 에서 제 1 항 및 제 2 항 기재와 같이 소란을 피운 이유로 현행범 체포되어 있던 중, 수사 서류를 작성하고 있던 위 지구대 소속 경위 G에게 “ 씨 발, 뻐 꺼 새끼야, 이리 와 봐, 침을 뱉아 빌라, 개새끼 쫄았나

The Defendant spits the face of G at one time while taking a bath, such as “,” etc. Accordingly, the Defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Detailed statement of drinking value, and application of Acts and subordinate statutes for reporting criminal investigations;

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 366 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and Article 136(1) of the Criminal Act.

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