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(영문) 서울남부지방법원 2016.09.02 2016고단2970

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 19, 2016, at around 07:38, the Defendant damaged 50,000,000 won in total, and eight of the market prices, such as, around E Licensed Real Estate Agent Office operated by the Victim D in Geumcheon-gu Seoul Metropolitan Government, the victim-owned chemical agent, who was in front of the office without any justifiable reason, was cut by cutting off the flowers owned by the victim-owned chemical agent.

2. At around 07:43 of the same day, the Defendant: (a) discovered the clothing collection box installed on the street in front of the Donsan 3 Dongdong Community Center located in Donsan-ro 317, and attempted to assault a street cleaners again; (b) upon receiving a report from the street cleaners, he was requested to return home from a policeman, who is a police officer belonging to the Seoul Geumcheon Police Station F Zone, who was called the F Zone for the Seoul Geumcheon Police Station, and called “this sprinke, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, spacks, and spacks, spacks, spacks, spacks, and spacks, spacks.

Accordingly, the Defendant interfered with the legitimate execution of official duties of police officials on the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written statement of I and D;

1. On-site reports;

1. An investigation report (verification of CD images);

1. Application of damaged photographs and on-site photographs statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The sentencing criteria shall be based on;