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(영문) 서울남부지방법원 2018.05.16 2018고단1214
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 10, 2018, at around 23:20 on March 10, 2018, the Defendant damaged 12 lighting columns and two hydrants, which are the victim D, owned by the victim D, who was attached to the stairs of the place where he was in the process of dispute with the male-child entrance, from the stairs of the 'C' entertainment 1st underground of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul Metropolitan Government.

2. On March 10, 2018, around 23:35, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the Defendant: (c) committed assault to H in the process of arresting the Defendant, who was dispatched by the police officer of the Seoul Gangseo-gu Police Station Ear Team, by receiving a report of 112 that the proprietor scam scams while avoiding disturbance from the stairs of “C’s 1st underground of Gangseo-gu Seoul Metropolitan Government B; and (d) obstructed the Defendant’s violent act; (b) obstructed the Defendant’s hair, G police officers belonging to the same police station patrol group; (c) prevented the Defendant from committing the act of violence; and (d) sold the Defendant G’s head knife at one time and the face part of the said H’s face with his hand, and arrested the knife with the police officer traveling in the line of movement by means of property damage, etc. and connected with the act of causing damage to the earth.

계속하여 피고인은 2018. 3. 10. 23:55 경 서울 강서구 I에 있는 E 지구대에서 피의자 대기 석에 앉아 욕설을 하고 소란을 피우던 중 서울 강서 경찰서 E 지구대 소속 순경 J이 이를 제지하자 발로 위 J의 허벅지 부위를 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and J;

1. Each statement of K and D;

1. Application of the provisions of 1, 2, and 1, 2 of the Act and subordinate statutes to fire hydrants, photographs, illumination equipment, photographs

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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