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(영문) 서울남부지방법원 2017.10.12 2017고단3750

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On July 4, 2017, around July 22:12, 2017, the Defendant damaged the victim’s property by destroying an electric bicycle equal to KRW 1 million at the market price owned by the victim D, who was set up at the same place in Yangcheon-gu Seoul, in his/her hand, without any particular reason, in excess of the sealed bottom, and then destroying the victim’s property by attaching the front part, etc. of the bicycle burial.

2. The Defendant interfered with the performance of official duties: (a) destroyed electric bicycles of the foregoing D at the time, at the place specified in paragraph (1) at the time, and at the place specified in paragraph (1) and assaulted the said D and assaulted the said D, and was arrested in flagrant offender by Yangcheon Police Station E District in Seoul, Yangcheon Police Station E District in Seoul, and sent to the E District in Seoul, Yangcheon Police Station E District in around 22:45, July 4, 2017; and (b) the Defendant was under surveillance of the Defendant’s personal illness in the E District located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

Doctrine Doctrine Doctrine

“I want to return home with sound, but when I were removed from the above G, I am satis, and satisfy committed violence, such as satisfying the body of the above G by hand.

As a result, the Defendant interfered with legitimate execution of duties concerning criminal investigations and maintenance of order, such as monitoring of a new disease and duties in a lawsuit after arresting a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to non-destructive photographs, photographs of damaged police officers, photographs of damaged police officers, investigation reports (Access to ctvs).

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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. The fact that there are many criminal records related to the reasoning of sentencing in Article 62-2 of the Social Service Order Criminal Act, the fact that there are no criminal records since around 2007, the victim D, the agreement with police officers G, the fact that the defendant's age, sex behavior, circumstances of the crime, the method and consequence of the crime, and the circumstances after the crime, etc. are taken into account.