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(영문) 서울동부지방법원 2015.08.12 2015고단1365
특수공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Eastern District Court on November 20, 201, and the judgment became final and conclusive on November 28, 2014.

1. On May 31, 2015, the Defendant: (a) around 04:30 on May 31, 2015, at the “D” restaurant located in Seongdong-gu Seoul Metropolitan Government, the Defendant collected a string door by gathering a string door from the string door to the late of night, and added a chair, food table, and wind, etc. inside the restaurant.

As above, the Defendant damaged the property equivalent to the total market value of KRW 550,000,00.

2. Special obstruction of performance of official duties: (a) the Defendant, at the time and place specified in paragraph (1) of this Article, dispatched to the site after receiving a report of 112 and tried to keep the Defendant from leaving the site, assaulted by G (52 years old) surrounding the F Zone G (52 years old) of the Seoul Sungdong Police Station, and a slope H (45 years old), which is dangerous articles (13 cm in total length, approximately 23.5 cm in length, approximately 13 cm in blade in length) and threatened “in preparation for bamboo”, and assaulted G (i) the right string of G in the direction of the launch.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning police officer G and assistant H's crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and G;

1. Seizure records;

1. Damage photographs, on-site photographs, and excessive blade photographs;

1. An investigation report (specific description of the damaged goods) and an investigation report (Attachment to a statement of H);

1. Previous records: The application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Article 366 of the Criminal Act, Article 144 (1) and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Punishment;

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