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(영문) 광주지방법원 2015.05.21 2015고단489
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:30 on January 10, 2015, the Defendant damaged public goods, who received a report that he did not calculate the drinking value in front of the core point of “C” located in Gwangju Mine-gu, and heard the horses to pay the drinking value from E and return home from the police officer belonging to the Gwangju Mine Police Station D District Unit of the Gwangju Mine Police Station D, which called, “Is the country of his country. He is the country of his country. He ambbbed the front door hack hack, and the Republic of Korea hacks down the door hack, because the hack does not run.” The Defendant expressed a hack that “The Republic of Korea will open hack hack.” The Defendant damaged the repair cost to the front part of the driver’s seat in front of the car hackd of the Fbaburgn hack, which was stopped at that point, so that the repair cost would be 339,766 won.

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

2. 공무집행방해 피고인은 2015. 1. 10. 02:55경 제1항 기재와 같이 공용물건을 손상한 혐의로 현행범인 체포되어 광주 광산구 G에 있는 광주광산경찰서 D지구대로 연행되자, 위 E에게 “야 새끼야 수갑을 풀어라!”라고 소리를 치며 소란을 피우고, 이에 E이 “조용히 하면 수갑을 풀어주겠다.”라고 말을 하자, 이에 화가 나 E에게 “야! 씹할, 수갑 풀어라!”라고 욕설을 하면서 E의 복부를 1회 발로 찼다.

Accordingly, the defendant interfered with the legitimate performance of duties of police officials on on-site exit service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes to each investigation report (investigation into the verification of CCTV in the D District, and attachment of patrol cars, damaged photographs, and written estimates for repair expenses);

1. Relevant provisions of the Criminal Act and Articles 141(1) (Direction of Damage to Public Goods and Selection of Imprisonment) and 136(1) of the Criminal Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the same as the obstruction of performance of official duties.

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