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(영문) 창원지방법원 2016.02.04 2015고단2968
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Damage to property;

A. On August 9, 2015, around 00:55, the Defendant damaged KRW 300,000 of the repair cost by generating out air conditioners outside the air conditioners owned by the victim D, which were located in the area, on the ground that the Defendant would be bad, in front of the static land point C in Changwon-si B, Changwon-si, a woman-friendly Gu, and on the ground that the Defendant would be bad.

B. On the same day, the Defendant damaged the Defendant’s car repair cost of KRW 1,528,591, by launching the door door even and the top gate of HG car owned by the Victim G, which passed the said place for the same reason. The Defendant destroyed the Defendant’s car repair cost of KRW 1,528,591, in front of the F Director, who was in the window E of Changwon-si, Changwon-si.

2. 모욕 및 공무집행 방해 피고인은 같은 날 01:06 경 위 1의 나 항 기재 장소에서, 주취자가 지나가는 차량을 잡고 행패를 부린다는 112 신고를 받고 출동한 창원 서부 경찰서 소속 I 지구대 경위인 피해자 J, 순경인 피해자 K이 신고자를 상대로 사건 경위를 조사하는데 격분하여 “ 야 이 씨 발, 공부만 좆 나해서 공무원된 새끼야, 꺼져 라 씨 발” 등이라고 욕설하고, 손으로 피해자들의 목을 치고 가슴팍을 밀쳤다.

Accordingly, the defendant openly insulting victims, and interfered with police officers' legitimate performance of their duties concerning 112 reporting management.

3. The Defendant damaged public goods at around 01:35 on the same day, caused damage to KRW 264,00 of the repair cost by breaking the computer monitoring device, which was kept on his/her studio, while being arrested and waiting for flagrant offenders as above by the aforementioned act, at around 01:35, a police station located in the Changwon Police Station L of Changwon-si, Changwon-si.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement to G, J and K;

1. Written statements of D;

1. Each investigation report and internal investigation report;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Act concerning facts constituting an offense;

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