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(영문) 서울북부지방법원 2017.09.28 2017고단2849

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 06:30 on June 18, 2017, the Defendant obstructed the performance of official duties, at around 06:30, the Defendant: (a) taken a 112 report that the sound was frighted in front of the second floor B B of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and sought to stop the Defendant who was in physical fighting with another person; (b) the police officers affiliated with the Seoul Dongdaemun Police Station D police box, who wanted to control the Defendant who was in his body with the other person; and (c) spits, sphers, downs, sphers, and sphers the face; (d) the police officers affiliated with the said D police box, sphersphers, sphers, sphers, and spherssphers, sphers, and sphersphers, sphers, sphers, and sphers.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. The Defendant who damaged public goods was arrested in flagrant offender at the time and place specified in paragraph 1, and went into the patrol box No. 56, which was used in the Seoul East-gu Police Station D police box, and damaged the back of the patrol box, which is a case of public goods, such as taking the back of the patrol box several times to fill the gap, thereby impairing the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, I, E, F, and G;

1. CCTV images for crime prevention and photographs to close a course;

1. A report on investigation (for images taken by a police officer dispatched to the scene, such images);

1. Application of the Acts and subordinate statutes attaching photographs and images;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts, Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment, respectively;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence not only exercised a violence against police officers in the course of 112 reported mobilization, who work in the highest line, but also carried out official duties.