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(영문) 서울동부지방법원 2020.03.02 2019고단668

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant was sentenced to four months of imprisonment for special assault, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on December 16, 2018.

1. On January 22, 2019, at around 11:30 on January 2, 2019, the Defendant: (a) ordered the victim’s “D” restaurant operated by Songpa-gu Seoul Metropolitan Government Victim C to take a bath to the customers on the side by drinking and drinking alcohol; (b) faced with a disturbance for about 2 hours, such as spokeing, spokeing, and creating uneasiness; and (c) broken up one set of 8,00 won in the market price owned by the victim, and one spoke case on the floor of the market price.

Accordingly, the defendant interfered with the restaurant business of the victim by force, and damaged the property owned by the victim.

2. On January 22, 2019, at around 14:05, the Defendant: (a) received a 112 report from the foregoing “D; and (b) obstructed the disturbance from the E District belonging to the Seoul Song Police Station E District; (c) took a bath against G et al.; and (d) assaulted G et al., which is a dangerous object to police officers; and (c) tin cases, embs containing a plos, embs containing a brue, or brus, G et al.

In this respect, the defendant, carrying dangerous things, assaults police officers who perform legitimate duties concerning the handling of 112 Reporting Cases, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Each statement of H and C;

1. On-site photographs;

1. Investigation report (Attachment of 112 Report List for Handling Cases);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to the status of confinement of each individual);

1. Articles 144(1), 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.