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(영문) 서울동부지방법원 2015.05.20 2014고단3827

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 24, 2014, at the main point of “D” in Gwangjin-gu Seoul Special Metropolitan City around 01:40, the Defendant: (a) 112 reported by the main manager that “D”, the Defendant: (b) was unable to pay the Defendant’s drinking value; and (c) the police officer of the Seoul Mine Police Station F Zone G, who was called to “D”, voluntarily flowed E to a police officer of the Seoul Mine Police Station, for the purpose of carrying and departing from the patrol; (b) the Defendant expressed that G, who gets off from the patrol car in order to interfere with the patrol and interfered with the start of the patrol car to take off and take off the patrol; and (c) assaulted G’s shoulder by hand two times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers.

2. The Defendant damaged public goods on the same ground at the time, at the same place, and at the same time and place as Paragraph 1, the front door of the patrol car (H) managed by the Seoul Minejin Police Station F District (H) was cut off several times, wherein approximately 20 meters of the string door was cut off.

Accordingly, the Defendant damaged the use of the goods used by public offices in a way that would amount to approximately KRW 367,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. A photograph of a part damaged by a vehicle;

1. Application of the written estimate statutes;

1. Article 136 (1) and Article 141 (1) of the Criminal Act and the choice of punishment for the crime;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [Scope of Recommendation] In the case where the degree of violence is minor, the area of mitigation (one month or August) (special mitigation) of the area of obstruction of performance of official duties (one month or August) [decision of sentence] of the suspended sentence [decision of sentence] of the sentence of the sentence of the defendant is judged in an unfaithful manner by failing to appear without permission, failing to observe the prescribed time, etc., and the date of the sentence of the suspension of execution is not satisfied at all.