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(영문) 서울남부지방법원 2018.05.09 2018고단113

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. Around November 13, 2017, the Defendant: (a) received 112 reports and received a notice of penalty payment for violation of the Punishment of Minor Offenses Act from the said police officers, E, and F, of the Seoul Yangcheon Police Station D’s patrol vehicle boarding, and received a notice of the payment of penalty for violation of the Punishment of Minor Offenses Act from the said police officers.

As such, Defendant E, a police officer, who was sitting ahead of the above patrol, she took a bath while she was crypted to the victim E, who was a police officer, who was sitting ahead of the above patrol, and she was crypted to "hing off, she shall cut off, cut off, and she cannot do so," and she took a bath for the same contents as the Dashe and the victim again.

As such, the Defendant insultd the victim.

2. The defendant who damages goods for public use and interferes with the performance of official duties at the date, time, place, as described in paragraph (1), and as mentioned above, concealed the police officer E, and flabed by the gap of open windows held by the chief patrol officer, who continuously was on board E, and flabed so that he can wear one head of the senior window of the above flab and has flabed and fladdd

E’s flabbage was shakend by hand.

The Defendant, as such, damaged 110,00 won of the patrol team chief glass window, which is an object used by public offices, and obstructed the legitimate execution of duties concerning the maintenance of order, etc. of E by assaulting police officers E.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Photographs of the patrol vehicle;

1. Photographs of a police officer;

1. Investigation Report (Attachment of Written Confirmation of Performance) - Application of Acts and subordinate statutes confirming performance;

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense (a point of insult), Article 141(1) of the Criminal Act (a point of damage to public goods), Article 136(1) of the Criminal Act (a point of interference with the performance of public duties) and the choice of imprisonment with prison labor, respectively;

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 suspension of execution (the defendant is punished by a fine on one occasion by assault);