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(영문) 서울서부지방법원 2017.01.13 2016고단1447
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 03:50 on April 16, 2016, the Defendant: (a) demanded that the cab be laid off to F, a police station E-gu Seoul Mapo-gu Police Station where the patrol was on patrol; (b) was on the back of the patrol car 41 (G); and (c) caused the string to the right side of the patrol vehicle, which is a public object, by putting a door back to the right side of the said F, and thereby, damaged the 44,000 won of the repair cost.

2. At the time and place specified in paragraph 1, the Defendant: (a) sealed the patrol car door as above; and (b) took once a week the victim F’s left head, who is the above police officer.

As a result, the Defendant interfered with legitimate execution of duties regarding the prevention, suppression, and investigation of the above police officer's crime, and at the same time, the Defendant conducted two parts and two parts that require medical treatment for about 21 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Written estimate;

1. Each photograph;

1. Application of video CD-related Acts and subordinate statutes;

1. Article 141(1) of the Criminal Act (the point of damage to goods for public use) of the relevant Act on criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act on criminal facts;

2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on the crimes of interfering with the performance of official duties and the crimes of bodily injury, and a punishment imposed on the crimes of serious bodily injury).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury).

5. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

6. The Defendant’s defense counsel regarding the assertion by the Defendant, etc. under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection and Observation, etc., submitted a written opinion stating that the Defendant lost his mind under the influence of alcohol at the time of the instant crime, and the Defendant loses his mind and body at the time.

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