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(영문) 서울동부지방법원 2017.12.01 2017고단3140

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on August 10, 2017: around 03:30, the Defendant: (a) fluenced a telephone before Gangdong-gu Seoul; (b) 112; and (c) fluenced the phone, thereby assaulting

After the report, she was sent to the site after the report, from the slope E (44 tax) belonging to the Seoul Gangnam Police Station D District E (44 tax) and the police officer F (27 tax) who was called to the site at the above 112, without any reason, “police boms are killed.”

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Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. On August 10, 2017, the Defendant: (a) was arrested as a flagrant offender of a crime of interference with the performance of official duties around 03:52 on August 10, 2017; and (b) was connected to the D District located in Gangdong-gu Seoul Metropolitan Government G; and (c) caused the walls adjacent to such entrances several holess.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there is no record of punishment for a criminal punishment for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the main violent tendency, such as several times of violent crimes and the receipt of family protective disposition, etc., the confession of the accused due to contingent crimes, the repayment of repair costs for damaged public goods, the age, sex, environment, motive and background of the crime, and the crime.