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(영문) 대구지방법원 상주지원 2015.11.03 2015고단328
공용물건손상등
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

On March 17, 2015, the Defendant was sentenced to three years of suspension of execution, one year of probation, and 40 hours of community service order to two years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Habitual Injury) in the resident support of the Daegu District Court on March 17, 2015, and the Prosecutor appealed and is pending in Daegu District Court 2015No1269.

1. Around June 14, 2015, around 19:30, the Defendant assaulted the victim at approximately 20 times due to drinking and spawn’s hair, right thickness, right arms, etc., when the victim D (here, 47 years of age) and meals within the Defendant’s residence located in C201, and without any special reason.

2. On June 15, 2015, around 00:34, the Defendant damaged public goods on the street in front of “F cafeteria” located in Sin-si, and at the vicinity of D and D, the security guards belonging to the literature and police station G police station, who was patroled in the vicinity of D and D, prevented D from carrying them on the back seat of the patrol vehicle, and forcedly opened a back door of the right side of the patrol vehicle to get D from the patrol vehicle, the Defendant removed one light board installed in the market value of the patrol vehicle in his/her hand while intending to get D from the patrol vehicle.

Accordingly, the Defendant damaged one luminous board installed in the patrol vehicles used by public offices.

3. 공무집행방해 피고인은 2015. 6. 15. 00:35경 제2항 기재 장소에서 문경경찰서 G파출소 소속 경위 H이 피고인 자신을 제2항 기재 혐의로 현행범 체포하는 것에 항의하면서 H에게 “야이 씨발새끼야”라고 말하면서 H의 오른쪽 무릎을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order, such as arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of Acts and subordinate statutes to report internal investigation (on-site conditions, field photographs, etc.);

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 260 (1) of the same Act concerning the relevant criminal facts and the choice of punishment;

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