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(영문) 서울남부지방법원 2016.06.15 2016고단833

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2016, at around 00:00, the Defendant: “D” restaurant located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu Seoul Metropolitan Government, where he received a report of 112 that assaulting other customers out of the trial due to the price issue, and received the report, and received the report from F in the circumstances where the police box belonging to the Seoul Gangseo-gu Police Station E box, and received the case, “nick” from the above F.

In the case of this new police, F's body was sealed by hand while putting the large interest of "I am off the clothes," and assaulted with the hand, such as f's noise and flick with the hand hand.

As a result, the Defendant interfered with the legitimate execution of duties related to reporting duties by F, who is a police officer.

2. The Defendant: (a) was arrested as a current offender interfering with the performance of official duties at the time and place specified in paragraph (1) and demanded the Defendant to board the patrol vehicle; (b) was off the left back part of the patrol vehicle, Garb Domp MD vehicle, with the right edge, thereby impairing the utility of the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, I, J, and K;

1. A written statements on the preparation of L;

1. A damaged photograph;

1. On-site dispatch reports;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of screen pictures at the scene of occurrence);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each 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 of the community service order;

1. Many crimes committed between June and one year and four months (a crime obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, Category 1 (Interference with and Compelling the performance of duties), and causing damage to public goods) by imprisonment with prison labor for not more than eight months (a crime obstructing the performance of official duties, a crime obstructing the invalidation and destruction of public goods, a type 1 (Invalidity of public goods), a mitigation area (a special mitigation element: where the value of goods that have been invalidated and destroyed is minor)).