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(영문) 서울남부지방법원 2016.06.08 2016고단1571
공용물건손상등
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. 업무 방해 피고인은 2016. 3. 11. 20:40 경 서울 강서구 D에 있는 E 역 역무실 앞에서 지하철 노선도를 발로 찬 후, 이에 항의하는 역무원 피해자 F에게 “ 야, 씹할, 내가 뭘 잘못했어,

The victim's duty was interfered with by doing so, stating that he/she would be Chewing, and avoiding approximately 20 minutes of disturbance, and by force.

2. The Defendant was arrested as a flagrant offender at the same time and place as set forth in paragraph (1) and thereby obstructing the police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of crimes by assaulting the police officer’s right side of the slope H, who was waiting to undergo an investigation at the G district unit of the Seoul Gangseo-gu Seoul Police Station G District in Gangseo-gu Seoul, Gangseo-gu, Seoul, to the extent that he was waiting to undergo an investigation at around 2:00 on the same day, the Defendant obstructed the police officer’s legitimate performance of official duties.

3. While the Defendant, who was arrested as a flagrant offender at the same time and place as set forth in paragraph (1) and was trying to take and move patrol cars, the Defendant damaged the goods used by public offices by putting 225,500 won of repair cost on the back left glass of the patrol car by putting 20 times away from the front left glass of the patrol car while intending to take and move patrol cars.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on dispatch to the scene of obstruction of business;

1. A statement of F and J;

1. Investigation report (E CCTV images and photographs attached thereto);

1. Investigation report (in the G District, the motor vehicle attached by the police officer with a photograph of the police officer).

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 141(1) of the Criminal Act (a point of harm to public goods), Article 314(1) of the Criminal Act (a) of the Criminal Act, and Article 314(1) of the Criminal Act, the choice of imprisonment for each sentence;

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

1. Article 62(1) of the Criminal Act 1.

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