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(영문) 서울북부지방법원 2017.01.19 2016고단4762

특수공무집행방해등

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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who damaged a special property has recently ended between the victim C (V, 58 years of age) and approximately five years of age.

At around 23:50 on August 27, 2016, the Defendant: (a) under the influence of alcohol in a singing practice room, caused damage to KRW 20,000,000,00 for repair of glass windows by putting about 210,00,000,00 won, which is a dangerous object in the victim’s new male and female room and time room; (b) with the victim’s new male and female room; and (c) with the entire length of 21cm; and (d) with the free window up to 3rds (f0,000cm in width; 80cm in length).

2. The Defendant interfered with the performance of special official duties, booms, which are objects dangerous to his hand at the same time and at the same place, and was reported by 112 to the effect that fighting was fighting during the process of avoiding a disturbance, and was dispatched to the site by G of the Seoul Central Guard Police Station, the police officer assigned to G of the Seoul Central Police Station, H, slope I, and police officers assigned to the site, and demanded several times to escape a disturbance. However, even though the Defendant did not throw away his body and boom, h's chest was laid down, h's chest was laid down for the Defendant on his arms, and the Defendant was sold by her arms in order to let the Defendant get off his prestige by her knife, h's boom, and h's elbow.

The Defendant carried such dangerous objects and interfered with the police officer’s legitimate execution of duties concerning 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to C and H;

1. 112 A list of reported cases;

1. Application of the video images of each photograph, CDs’ video Acts and subordinate statutes;

1. Article 144 (1), Article 236 (1), Article 369 (1), and Article 366 of the Criminal Act (Selection of Imprisonment with Labor) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 50 (Interference with Execution of Special Official Duties by several Police Officers in Name);

1. The former part of Article 37 of the Criminal Code, and Article 38.