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(영문) 서울북부지방법원 2018.11.15 2018고단3852
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 22, 2018, the Defendant: (a) avoided disturbance due to interference with the performance of official duties; (b) around 06:25, Seoul, Gangnam-gu, 201; (c) brought a dispute with women-friendly C and passing through sound, etc.; (d) reported the victim E (35 years of age) who is the head of the police station affiliated with the Seoul Gangnam Police Station D police station, who was called up after receiving a report from 112, and was dispatched to the police.

After the visit, a divided and hidden C was able to sit and hidden, and the victim took the view, such as "I am to be present at the seat of I am" and "I am to be present at the seat of I am to go beyond the floor."

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention of crimes, and at the same time, the Defendant inflicted upon the victim the chills and tensions that require approximately two weeks medical treatment.

2. The Defendant damaged the property by pushing the police officer at the time, time, and place set forth in paragraph 1 as above, and then putting one television of the amount equivalent to KRW 700,000 at the market price of the victim C owned by the Defendant at hand, thereby damaging the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Investigative reports (Confirmation of the degree of injury and damage to property);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1), Article 257 (1) and Article 366 of the Criminal Act concerning 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. 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 on the suspended execution;

1. The contents of the crime committed by assaulting a police officer and destroying property on official duties with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act are not weak.

However, the fact that the defendant agrees with the victim of the crime of damage to property and both recognizes and reflects the crime, and the defendant suffers from depression, and is more than a fine.

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