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(영문) 서울중앙지방법원 2016.07.22 2016고합497

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

A seized beer knife (No. 1) shall be confiscated.

The facts charged of this case.

Reasons

Punishment of the crime

Under the influence of alcohol, the Defendant committed the following crimes under the state that the Defendant lacks the ability to discern things or make decisions:

1. On May 11, 2016, the Defendant damaged the front glass window, etc. so that the repair cost would be KRW 600,000,000,000,000,000 for the front day of Seoul, Gangnam-gu Seoul, without any justifiable reason, while driving at the front day of Seoul, the victim D (36 tax) will block the front day of the first car, block the front day of the first car, and cut the front door by drinking.

2. On May 12, 2016, the Defendant: (a) arrested at the Seoul Gangnam Police Station E and office as an offender of the same assault such as the damage of property and the dismissal of prosecution under paragraph (1) at the Seoul Gangnam Police Station E and office on May 12, 2016; and (b) transferred a new disease to F of the circumstances belonging to the police station and waiting there at the same time, and was waiting for the Defendant, who was in danger of being in possession of the back-of-the-face (No. 1 and 3.5m in the length of knife) and was seated at the entrance of the above E and office.

F was laid down on the left part of the F, which was against the F's interest.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties concerning F's criminal investigation and the management of personal illness, and the above F suffered approximately 40m of arms from which the treatment period cannot be known.

Summary of Evidence

[Judgment No. 1]

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Photographs photographs of the victim and the damaged vehicle, investigation reports (Submission of estimates), receipts (the facts set forth in the judgment No. 2);

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement concerning G and F;

1. Police seizure records and list of seizure;

1. The application of this Act and subordinate statutes by cutting down seized objects and photographs, portrait photographs, investigation reports (E and CCTV images) and CCTV in E and office rooms;

1. Article 144 of the Criminal Act applicable to the facts constituting a crime and the main sentence of Article 144(2) of the Criminal Act that selects punishment;