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(영문) 서울서부지방법원 2018.05.29 2018고단1013

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 14, 2018, the Defendant damaged property: (a) around 05:45, the Defendant: (b) took the influence of alcohol in the corridor of “D’s singing room” located in Eunpyeong-gu Seoul Metropolitan Government; (c) took a walk on the victim E, who is another customer, without any particular reason, and (d) removed the victim’s her mother and child in his/her hand, thereby destroying the victim’s property.

2. The Defendant interfered with the performance of official duties at the date, time, and place described in paragraph (1) at the time, at the place, “no male guest will take place.” The Defendant: (a) sent out after receiving a report from 112; (b) sent out to the police box in Seoul Western Police Station G; and (c) sent out the Defendant a string to the other customers, as described in paragraph (1); and (d) the police officers, who discovered it, tried to separate the Defendant from his customers and make the Defendant file a petition; (b) the Defendant continued to carry the gun in his possession, such as cutting off the gun, cutting off the gun, cutting off the gun from his singing door, and cutting off the string door from his singing door; and (c) the police officers obstructed the police officers’ performance of their duties by doing so more than 12 and preventing the Defendant from doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, I, J, K, E, and H;

1. Investigation report (on-site CCTV confirmation and hearing of statements by singing practice), investigation report (verification as to whether property is damaged);

1. Application of Acts and subordinate statutes, such as violence against victims and photographs damaged;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment recommended according to the sentencing criteria; and