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(영문) 서울서부지방법원 2015.02.04 2014고단3675
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On December 25, 2014, the Defendant: (a) around 01:37, the Yongsan-gu Seoul Yongsan-gu Central Support Center for the Prevention of Performance of Official Duties, in front of the Seocho-gu Seoul Central Support Center for the Prevention of Disturbance, and reported that “D and the security guards belonging to the Seoul Yongsan-gu Police Station C District of the Seoul Yongsan-gu Police Station, who called “D and E, were unable to return to the homeless under the influence of alcohol, for the said D and E to have the said D and E returned home in English and Korean language; and (b) the above E’s face was taken once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order of police officers.

2. On December 25, 2014, around 06:10 on December 25, 2014, the Defendant damaged public objects, on the ground that the Defendant was arrested at the criminal charge and office of the Seoul Yongsan Police Station and office located 89:24, Yongsan-gu Seoul, Yongsan-gu, Seoul, and caused approximately 10cm away from the toilet iron bars located in the above office on about five occasions.

Accordingly, the defendant has harmed the utility of the above iron bars used by public offices, thereby impairing their repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 136 (1) and 140 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

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