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(영문) 서울남부지방법원 2015.12.09 2015고단3816

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 September 5, 2015, the Defendant of the obstruction of performance of official duties against C was wraped with E in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On September 17:20, 2015, the Defendant: (a) asked C of the police box affiliated with the Seoul Yeongdeungpo-gu Police Station, who was dispatched to the scene after receiving the report of 112, that he was clicking the bloodtains on the Defendant’s side; (b) asked C of “Ig-si”, “Ig-si”, “Ig-si”; and (c) attempted to escape from the alleyway; and (d) assaulted C by selling the left side part of C’s escape with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

2. The Defendant: (a) was arrested as a flagrant offender at the time and place specified in paragraph (1) of the same day on the same day; and (b) was transferred to the Seoul Yeongdeungpo-gu Seoul Yeongdeungpo-gu Seoul Military Police Station Fack Police Station Facing in H on the same day; (c) 4 police officers, including the police officer G belonging to the Seoul Yeongdeungpo-gu Seoul Military Police Station Police Station, attempted to use the police gear, she tried to walk the police gear, and walk the clothes of the said G, and assaulted the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

3. The Defendant: (a) divided the facts arrested at the time and place specified in paragraph 2; and (b) made it clear of the wooden plates attached on the car and on the knife, by walking the guide books kept in the above police box.

Accordingly, the Defendant damaged the market value of public offices, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports;

1. Data of photographs;

1. Application of the police protocol protocol to C and G

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning facts constituting an offense, the choice of imprisonment, and the choice of a person who commits an offense (see, e.g., circumstances, degree,

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