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(영문) 서울남부지방법원 2019.02.13 2018고단4302

공무집행방해등

Text

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

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2018, the Defendant: (a) around 19:20, around July 25, 2018, at the front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (b) obstructed the victim D, where he was under the influence of alcohol, where he was walking, without any justifiable reason; (c) assessed the victim’s left hand on one occasion due to the defect that the victim was trying to avoid and proceed with the Defendant; and (d) thereby, (c) destroyed the victim’s right hand by keeping the victim in hand; and (d) caused the victim’s damage to the victim’s front pans and glass, etc. in front of the Ortoba owned by the victim by keeping the victim in hand and making the victim go beyond the Ortoba.

As a result, the defendant assaulted the victim at the same time, and damaged the repair cost of KRW 1,385,00,000, which is the property owned by the victim.

2. 공무집행방해 피고인은 2018. 7. 25. 19:45경 제1항 기재 장소에서 112신고를 받고 현장에 출동한 서울금천경찰서 E지구대 소속 경사 F이 피고인의 신분을 확인하고 경찰조사에 대하여 안내를 하자 피고인이 왜 경찰에서 조사를 받느냐고 항의하면서 F의 멱살을 잡아 1회 흔들고, 이에 F이 피고인을 제지하자 인도에 드러누워 왼쪽 다리로 F의 오른쪽 다리를 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. Written statements prepared in D;

1. Statement made by the police officer with respect to F;

1. Ethiopio photographs;

1. Written estimate;

1. Application of CD-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act concerning the crime, Article 366 of the Criminal Act, and Article 136(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

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

1. The criminal defendant under Article 62 (1) of the Criminal Act exceeds a fine;