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(영문) 서울서부지방법원 2017.05.12 2016고단3107

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 21, 2016, the Defendant: (a) on the street “D” operated by Seodaemun-gu Seoul, Seodaemun-gu B, Seoul, on the ground that the part of the Defendant would be bad in drinking, and destroyed the wall-to-sing door-to-sing signboards that had been placed in the flower group two times in a singing-to-sing signboard to the victim’s market value, which is the victim’s ownership, by having the victim’s signboard 10cm wide and 10cm long.

2. The Defendant, at the Seoul Western Police Station E and the protection room located in the Seodaemun-gu Seoul Police Station E and the office located in Seodaemun-gu, Seoul, Seoul, around 08:49 on the same day, left the atmosphere in order to arrest flagrant offenders due to the act of destruction as described in paragraph 1 and undergo an investigation, and moved in the floor of the protection room of the host person. The Defendant, who was on the part of the police officers, such as the police officer F in the police station, was on the body, office floor, studs, etc. of the police officers in the police station, and obstructed the police officers’ legitimate performance of duties regarding criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Investigation report (Interference with the performance of official duties in suspect E);

1. Application of the photographic Acts and subordinate statutes;

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

2. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (with respect to a crime of obstructing the performance of official duties).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of obstructing the execution of heavier public duties);

5. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

6. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to provide community service and attend lectures.

1. The sentencing guidelines shall be recommended:

(a) First-Class 1 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties (Obstruction of Execution of Official Duties / Forced Performance of Duties) / Where there are many public officials damaged by one year to four years / Special Aggravation)

(b) Class 2 offences (damages).