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(영문) 서울남부지방법원 2015.06.19 2015고단750
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 2, 2015, the Defendant destroyed property damage at the main point of “D” operated by the Victim C in Yeongdeungpo-gu Seoul Metropolitan Government, on March 2, 2015, following the difference of business opinions between the Plaintiff and the Plaintiff, and caused disputes with the Plaintiff and the Plaintiff’s victim’s market price. The Defendant destroyed the accompanying parts by gathering the Plaintiff’s market price on the floor.

2. The obstruction of performance of official duties, the Defendant: (a) at the same place as set forth in paragraph (1) at the same time; (b) the victim F (30) who was a police officer after receiving a report 112, arrested the Defendant as a flagrant offender on suspicion of assault, etc.; (c) took a bath to the Defendant; and (d) promptly asked the victim as soon as possible a part of the left hand hand hand part of the victim, thereby causing an injury to the victim, which requires treatment for about 14 days, and at the same time interfere with the police officer’s legitimate performance of duties relating

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes concerning field photographs and bodily injuries;

1. Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] general injury of category 1 (general injury) (Article 4-1 and 6) basic area (special mitigation) (Article 1 and 4), minor injury (Article 1 and 4) / In the case of obstruction of performance of official duties, the crime of destroying and damaging property in concurrent relation with the crime of injury shall be committed.

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