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(영문) 의정부지방법원 고양지원 2014.07.18 2014고단714
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2014, the Defendant interfered with the performance of official duties: (a) assaulted a police officer’s legitimate performance of duties on mobilization of a police officer’s 112 report, by assaulting a slope C belonging to the Hansan Police Station B District, which was called to the site after receiving a 112 report that an assault case occurred, to stop the Defendant’s daily behaviors at the site; (b) “police robbery or well-bread; (c) the said C’s vessels are drinking once again; (d) the Defendant was arrested as a flagrant offender under the suspicion of the obstruction of the performance of official duties and going to go to the Busan Police Station B district, and by assaulting the victim’s right-hand kne with the victim’s right-free kne, etc. in the course of going to the front left-hand kne.

2. The Defendant damaged public goods at the Busan Police Station B district at the time and time of paragraph (1) of this Article: (a) expressed that the Defendant would cover the locks to the toilets; and (b) the police officer, who had been in the said district, sent the lock to the swimming toilets, opened the entrance doors of the Defendant, and opened the entrance doors to walk the entrance door, thereby impairing the utility of the objects used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of the Acts and subordinate statutes concerning toilets, damages and photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying and damaging Public Articles heavier than punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, after using violence against police officers, commits a crime by neglecting disturbance at the police station following the latter. However, the instant crime appears to have occurred as contingent, the Defendant’s failure to repeat the crime in light of its depth, and the Defendant’s fine for the past one time.

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