(영문) 창원지방법원 2013.2.18.선고 2012고합499 판결

1. At around 15:30 on September 17, 2012, the Defendant, at the 3rd floor traffic administration and parking control team office in Jinju-si, and at the 3rd floor traffic administration and parking control team office of Jin-si, the Defendant took a bath for about 30 minutes, such as that the public officials in service move back to the breath while under the influence of alcohol without being well aware of the parking control duties, and that “the law is well known.......... the head of the liaison in the balkline,” and the victim D (ma, 22 years of age) who is a public employee in charge of parking assistance, franks himself/herself on his/her face with the victim’s face at his/her hand, and assaulted the victim at the victim once.

2. The Defendant: (a) prevented the Defendant, who is the police assigned for viewing the police assigned for special guard, in the above time and place; (b) obstructed the lawful execution of duties regarding the security and protection of the police assigned for special guard by assaulting the Victim E, who is the police assigned for special guard for moving in and out of the office, by asking out the Defendant, who is protruding in and out of the office one time; and (c) at the same time and at the same time interfere with the rightful performance of duties regarding the security and protection of the police assigned for special guard; and (d) inflicted bodily injury upon E, which

3. On September 17, 2012, around 16:00, the Defendant damaged the objects used by public offices by releasing one of the anti-gradic mars equivalent to 35,000 won, which are located in the corridor of a smoking room, on the ground that the police assigned for special guard at the smoking room on the third floor above the Defendant prevented the Defendant from putting the Defendant into the smoking room.

4. 피고인은 2012, 9, 17. 16:30경 위와 같이 진주시청 교통행정과 사무실에서 소란을 피운 사실로 공무집행방해 현행범인으로 체포되어 진주시 F에 있는 진주경찰서 G지구대에 연행되자, 그곳 경찰관들에게 “나를 왜 잡아왔네. 나는 죄가 없다. 내가 풀려나는 순간 너희들 다 죽이삔다.”라고 욕설을 하며 소란을 피우고, 경찰관들에게 수갑을 풀어주고 소변도 보게 해 달라고 요구하였으나 피고인이 난동을 피울 것을 우려하여 경찰관들이 피고인의 수갑을 풀어주지 않고 피고인에게 소변을 조금 참아보라고 말하며 피고인의 요구를 즉시 들어주지 않자 화가 나, 같은 날 20:35경 G지구대에서 석방되자 굴삭기를 운전하여 다시 G지구대로 찾아가 굴삭기로 경찰관들을 위협하기로 마음먹고 진주시 F에 있는 피고인의 집에서 굴삭기 열쇠를 꺼내어 진주시 H에 있는 I'에 주차되어 있던 J 굴삭기를 운전하여 같은 날 22:00경 위 G지구대로 찾아갔다.

At around 22:05 on the same day, the suspect laid the stone for the prevention of vehicle dust installed in front of the building located in the G District, and breaking it by cutting off the KSIS patrol vehicle that was parked in the parking lot, cutting it down through several times, cutting it down through the cater, cutting it off, cutting off the said patrol vehicle, cutting off the cater, cutting off the cater, cutting off the building, outer wall, windows, etc. on a cater, cutting off the cater, cutting down the cater, cutting off the cater, and threatening as if the chills, M, etc. belonging to the G District located in the G District while working in the G District.

피고인은 계속하여 같은 날 22:12경 지구대 입구에 있던 가로수를 굴삭기 집게로 뽑아 피고인을 제지하는 경찰관들에게 휘두르고, 지구대 입간판을 굴삭기 집게로 뽑아 바닥에 집어던지고, 철제 바리케이드를 내리찍어 파손하고, 도로가에 있는 버스정류장 시설물을 집게로 내리찍어 파손하고, 진주소방서 쪽으로 굴삭기를 운행하며 도로 주변에 있던 가로수, 가로등, 안내표지판 등을 굴삭기 집게로 내려찍고 부숴 파손하였다. 피고인이 위와 같이 G지구대 주변을 굴삭기로 운전하고 공공기물을 파손하며 난동을 부리자 같은 날 22:20경 G지구대 소속 경사 N이 경고용 공포탄 1발과 실탄 1발을 피고인에게 발사하고, 22:25경 위 진주경찰서 0파출소 소속 경사 P이 굴삭기 위로 올라가 전자충격기인 테이저건을 1회 발사하였으나, 피고인은 굴삭기를 좌우로 회전시켜 P을 바닥에 떨어뜨리고, 그곳에서 진주시청 쪽으로 약 50m 구간에서 굴삭기 집게를 좌우로 휘두르며 경찰관들을 위협하며 역주행하다가 다시 지구대 쪽으로 방향을 바꾸어 지구대 화단에 있던 나무를 들어 지구대 입구에 던지며 지구대 재진입을 시도하던 중, 같은 날 22:45경 P이 피고인에게 실탄 3발을 발사하여 그 중 실탄 1발이 피고인의 왼쪽 다리에 맞아 진압되었다.

Accordingly, the Defendant assaulted and threatened the above police officers, such as Q, R, S, T, U,V, W, and the police officers belonging to the above GJ group, to arrest the Defendant as a flagrant offender, and called up for support, P, X, the police officers belonging to the above 0 police box belonging to the above GJ group, Z, AA, AB, AC, AE, AF, a police officer belonging to the above Jinju Police Station AD Zone AD group belonging to the above Jinju Police Station, and AE, AF, a police officer belonging to the above Jinju Police Station AF, and AH, AI, AJ, and AJ, a police officer belonging to the above GJ police station, a police officer belonging to the above GJ police station, threateninging the above police officers to wear a locker and cut off, threatening the above police officers to interfere with legitimate performance of their duties relating to the maintenance of public security and arrest of flagrant offenders, and damaged the market price of the goods by carrying a dangerous object and damaged the 24,708 won or 246.

5. On September 17, 2012, from around 22:12 to around 22:45 of the same day, the Defendant driven the above digging pool on the front road of the G District in the Jinju Police Station from around the Jinju Police Station to the front road, and obstructed the traffic of the road along the land by driving a four-lane road in a section of about 400 meters away from the front of the Jinju Fire Station by preventing vehicles seeking to pass along the road by moving about about 30 minutes of the road, by cutting down the width trees, street lamps, guidance signs, etc. around the road, destroying the street lamps, street lamps, and driving along the road along the direction and driving along the road.

6. On February 27, 2009, the Defendant was issued a summary order of KRW 5 million with the penalty of KRW 5 million for a violation of the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on February 27, 2009, and a summary order of KRW 1 million with the same crime from the same support on January 17, 2012, respectively.

At around September 17, 2012, 22:00, the Defendant driven the J Excavation on the front road of TW, while under the influence of alcohol 0.112% of alcohol level from approximately 500 meters to the front road of the said G Zone.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness AK and P;

1. The statement of each police officer's statement of D, E, AL, R, NA, AM, X, UNFCCC, L, T, U,V, and W; 1. The statement of each police officer's statement of Q, AO, S, AA, AI, AJ, AH, AF, AC, AC, and AB; 1. The investigation report (in relation to the application of the F mark), the investigation report (in addition to a estimate of bus platform), the investigation report (in relation to the confirmation of damage to the Jin customs office), the investigation report (in relation to the on-site traffic control);

1. Police seizure records;

1. A medical certificate;

1. A receipt, a written estimate, a statement of estimate, the details of damage from the urgent repair of a G district, and the aggregate sheet of construction costs;

1. The application of each Act and subordinate statutes to damage commonly used in the vicinity of the G District, photo of a police officer, photograph of a scene where a suspect commits a crime using a large scoper, photograph of a suspect, and screen photo of a damaged victim by using a large scopner, and one video CD;

1. Article applicable to criminal facts;

Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury), Article 141(1) of the Criminal Act (the point of damage to public goods), Articles 144(1) and 136(1) of the Criminal Act (the point of each special obstruction of performance of official duties), Article 14(1) of the Criminal Act, Article 141(1) of the Criminal Act (the point of each special obstruction of performance of official duties), Article 185 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act (the point of operating a sound driving)

2. Competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of obstruction of performance of official duties and the crime of bodily injury)

3. Selection of punishment;

Each Imprisonment Selection

4. Aggravation for concurrent crimes; and

Punishment concurrent crimes concerning concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning loss of special public goods, the largest penalty: Provided, That the lowest penalty shall be determined by the crime of violation of the Road Traffic Act.

Reasons for sentencing

1. The scope of punishment;

From 1 to 15 years of imprisonment;

2. Application of the sentencing criteria;

(a) Crimes of damaging special goods for public use;

[Determination of Punishment] obstruction of Performance of Official Duties; Invalidity/Destruction of Public Goods; Invalidity of Public Goods

[Special Aggravation] The power of an organization or a large number of people, or carrying dangerous articles.

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] One year to four years of imprisonment

B. Crimes of special obstruction of performance

[Determination of Punishment] Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties

[Special Aggravation] Where the power of an organization or a group or a group or a group carrying dangerous objects is serious, and where there are many public officials who have suffered damage, the degree of interference with official duties is serious.

【Determination of Recommendation Area】 Special Priority Area

[Scope of Recommendation] One year to six years of imprisonment

[Determination of Penalty] The obstruction of Performance of Official Duties, the Nullity or Destruction of Public Goods, or the Nullity of Public Goods (Special Mitigation Elements) where the value of invalid or destroyed goods is insignificant

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment from one month to eight months

(d) Crimes of obstruction of performance of official duties;

[Determination of Punishment] Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of six months to one year and four months

(e) Injury crime;

[Determination of type] Violence. General Bodily Injury. General Injury

[Special Aggravation] In the case of obstruction of the performance of official duties

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Six months to two years of imprisonment

【General Mitigation elements】 Serious reflect

(f) Crimes of assault;

[Determination of Punishment] In the case of violence, violence, general violence (special mitigation elements) where the degree of violence is minor

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment from one month to eight months

【General Mitigation elements】 Serious reflect

(g) Criteria for handling multiple crimes;

From 1 to 15 years of imprisonment (the sentencing criteria are set for some crimes, and it is considered only the lower limit of the scope of the recommended sentence according to the sentencing criteria).

3. Determination of sentence;

The Defendant was unable to avoid disturbance, such as assaulting public officials and accompanying things, on the ground that public officials did not handle their duties in their own mind, and the Defendant was arrested on the police due to such crimes, and upon the release of the police, he did not see that the treatment of police officers for himself was unfair, and carried out roads, such as the rupture to cut off the 40 minutes by driving the rupture to cut off the rupture and the rupture building along with the rupture and the rupture building.

The Defendant, on the ground that it was difficult for the Defendant to understand as above, was threatening to human life and sustained enormous physical damage, and the suppression was delayed, may cause more severe damage to the Defendant. The police officer, who led the Defendant, stated in this court that the Defendant had suffered a big shock from the instant shock and aftermathic shock, and that other police officers would also feel severe fear. While the Defendant stated that he did not think of harm to people, the police officers, who had to face with the Defendant, did not think of harm to people. However, considering the situation at the time of the instant case, cannot be deemed only to have caused serious harm to human life by the method of responding to the police officers or by the incidental circumstances at the time of responding to the police officers. Moreover, the instant crime was committed by an attacking public authority by means of no example, and the impact or shock on society is large, and if such an act is acceptable, it would be difficult to expect social well-being and order.

In this context, considering the fact that the Defendant only asserted that the police officer’s behavior was unreasonable without any true reflect on the mistake from the criminal investigation agency to the trial of this case, and that the damage from the instant case was not completely recovered, a sentence of severe punishment needs to be imposed upon the Defendant. At the latest, the Defendant returned to his behavior on the trial date of this case, appears to have been seriously divided into the crime, support the wife and the two children, and the fact that there is no criminal record of suspended sentence or more, taking into account the jury’s opinions on sentencing. Furthermore, the Defendant’s age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing factors presented by the sentencing guidelines are considered.

jury verdict and sentencing opinion;

1. Whether the person is guilty or not;

In regard to each of the facts charged, the defendant is guilty.

2. Three years of imprisonment with prison labor: Five persons.

Two years of imprisonment, three years of suspended execution: two persons;

Judges

The judge of the presiding judge;

Judge Cho Jong-jin

Judges Kang Jin-jin

Attached Form

A person shall be appointed.