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(영문) 서울남부지방법원 2016.11.30 2016고단5155
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2016, the Defendant damaged property: (a) at the main point operated by the victim E in Yangcheon-gu Seoul Metropolitan Government on September 26, 2016, after drinking alcohol at a main point operated by the victim E in Yangcheon-gu, Yangcheon-gu; (b) caused the victim’s disturbance, such as breathing breath; and (c) caused the victim’s disturbance by spreading two parts, which are the victim’s possession adjacent to the calculation unit.

Accordingly, the defendant damaged the victim's property equivalent to the total market value of 400,000 won.

2. On September 26, 2016, around 23:48, the Defendant assaulted E, as set forth in paragraph (1), at the G District of the Seoul Yangcheon-gu Seoul Metropolitan Police Station G District in Yangcheon-gu, Seoul, and arrested a flagrant offender with the suspicion of damaging E’s property, and subsequently, took the police officers who were investigating the instant case at the same time, she saw the disturbance, such as “this sway gue, Mamohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to the E statements;

1. Article 136 (1) and Article 366 of the Criminal Act concerning the crime, the choice of imprisonment with prison labor;

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

1. The grounds for the sentencing of Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution and the scope of the final sentencing due to the aggravated punishment in the case where the mitigated area of Article 62(1) [the scope of punishment] the mitigated area of Article 62(1) [the scope of punishment] the mitigated area of Article 1(1) [the mitigated area of Article 62(1) [the scope of punishment] the mitigated area of Article 62(1) [the mitigated area of Article 62(1) [the scope of punishment] the mitigated area of Article 62(1) [the mitigated area of Article 62(1) of the Criminal Act (the scope of punishment for the obstruction of Performance of Performance of Official Duties and Force of Duties] has multiple violent records, but there is no penalty power exceeding

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