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(영문) 서울남부지방법원 2015.01.14 2014고단4123

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 17, 2014, the Defendant: (a) around 23:20 on October 17, 2014, within the central passage of the 846 Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the third floor patrol unit, the police box of the Seoul Yeongdeungpo-gu Police Station, the police box affiliated with the police box for the purpose of smoking in the area where smoking is prohibited; (b) the Defendant: (c) took a bath to the above D, stating that “I shot down tobacco, cut off, and ring down, I am this son”; and (d) interfere with a police official’s legitimate performance of duties, such as maintaining order, by keeping the order, etc. of a police official, by keeping the chest part of the said D’s chest in hand.

2. The Defendant damaged public documents at the same time, at the same place, was arrested as a flagrant offender for the crime of obstruction of performance of official duties, and was carried out within the police box located in Yeongdeungpo-gu Seoul Metropolitan Government, and the above D signed and sealed the confirmation letter on the arrest of flagrant offender and the physical confirmation letter on the arrest and detention suspect’s signature column and sealed the above confirmation document and the arrest and detention suspect’s physical confirmation certificate without any justifiable reason.

Accordingly, the defendant damaged the letter of arrest of a flagrant offender who is a public document and the physical certificate of a arrested or detained suspect.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties on the market), Article 141(1) of the Criminal Act (the point of damage to public documents on the market), and the choice of imprisonment for each crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (Crime of Damaging Public Goods) (Crime of Damaging Public Goods) / The obstruction of the performance of official duties / the coercion of official duties / [Scope of the sentence of recommendation] imprisonment with prison labor for six to one year (basic area)

B. Concurrent Crimes (Crime of Obstruction of Performance of Official Duties) / [Crime of Obstruction of Performance of Official Duties] Imprisonment with prison labor.