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(영문) 서울남부지방법원 2015.07.28 2014고단2357

공무집행방해등

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the same shall apply for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s property damage on June 13, 2014, around 23:00, the Defendant destroyed the property, such as the damage of the victim’s damage, from six (6) Enodesscings in Yeongdeungpo-gu Seoul Metropolitan Government operation of the victim D, the market price of which is the victim’s possession, by hand, by getting the victim’s non-sing out of money.

2. The Defendants’ obstruction of the performance of official duties did not inform the police officers of their status while demanding the confirmation of status by the police officer G and the police officer of the Seoul Yeongdeungpo Military Police Station F police box, who was called upon upon D’s report at the same time and place, and Defendant A committed violence, such as franchising off work clothes by cutting down the franchis of G and cutting down the franchis of franchis, and franchising the chest, and obstructing the police officers’ legitimate performance of their duties in relation to the handling of reports by jointly using the franchising franchis of the H’s franchis, and franchising the franchis of G, and obstructing the police officers’ legitimate performance of duties in relation to the handling of reports.

Summary of Evidence

1. Some police interrogation protocol against the Defendants

1. Statement made to D by the police;

1. Each statement of D, G and H;

1. Application of statutes to field photographs, photographs of damaged objects, and photographs of damaged police officers;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 366 of the Criminal Act, Articles 136(1) and 30 of the Criminal Act (the point of obstructing performance of official duties), and Article 36(1) of the Criminal Act (the choice of imprisonment with prison labor),

B. Defendant B: Articles 136(1) and 30(1) of the Criminal Act.

1. Concurrent crimes: the former part of Article 37 of the Criminal Act of Defendant A, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The reason for sentencing under Article 62(1) (the following circumstances) of the Criminal Act; and

1. Defendant A [Scope of Recommendation] Basic Area of the obstruction of performance of official duties (Obstruction of Performance of Official Duties): From six months to one year and four months (special person). The crime of causing property damage is a crime of causing property damage.