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(영문) 서울남부지방법원 2014.09.26 2014고단1432
공용물건손상등
Text

Defendant

A Imprisonment with prison labor of one year and three months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendants and E are the ship of Chinese nationality with a high-speed line.

1. At around March 16, 2014, the Defendant: (a) 21:30, around Seoul F, 2014; (b) on board a vehicle driven by the Defendant’s driver of the said G while passing through the said G as a taxi, and (c) her assistant (40 years old) who was assigned to the Hampo Police Station of Seoul, Yeongdeungpo-gu, Seoul, which was called upon the said G upon receiving a report from the said G, went on the cab, caused the Defendant to take a walk back on the front side of the driver’s seat of the J patrol vehicle; and (c) the victim K (30 years old) who was a policeman affiliated with the said police box, arrested the Defendant as a flagrant offender, arrested the Defendant as a flagrant offender to board the said K’s horse with a defect head on board the patrol vehicle and pushed the her chest by a shoulder.

Accordingly, the defendant damaged the goods used by public offices, and interfered with the legitimate execution of duties concerning the arrest of police officers.

2. 피고인 L 피고인은 전항 기재 일시, 장소에서, 피해자인 위 I(40세)가 위 E을 현행범인으로 체포하려고 하자 “야, 짭새 새끼야, 중국동포라고 무시하냐, 개새끼야”라고 욕설을 하면서 피해자의 멱살을 잡아 흔들고, 주먹으로 피해자의 어깨를 수회 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness K, I and G;

1. Police suspect interrogation protocol regarding E;

1. Application of damaged photographs and employment statutes;

1. Defendant A of pertinent legal provisions pertaining to criminal facts: Articles 141(1) and 136(1) of the Criminal Act, Defendant B who choose to imprisonment: Article 136(1) of the Criminal Act, the choice of imprisonment;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A’s primary crime [the scope of recommendations].

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