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(영문) 서울북부지방법원 2018.11.29 2018고단3992
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2018, the Defendant damaged the property in a way that the 60,000 won in estimate of the repair cost would fall under the 60,000 won by drunkly walking the gate of the victim C’s residence, without any particular reason, by walking the gate of the victim C’s residence, and without any particular reason.

2. On September 10, 2018, the Defendant interfered with the performance of official duties: (a) on the place indicated in paragraph 1 at around 23:20 on September 10, 2018; and (b) on September 112, 201, the Defendant: (c) upon reporting that “the drunk gates are accompanied by a fluor; (d) caused the Defendant to put up the Defendant on the floor at the seat of the Seoul Southernn Police Station affiliated with the Seoul Westernn Police Station; (c) caused the Defendant, who was in possession of the fluor’s hand, and (d) caused the said police officer’s cell phone, flag, and wall that were being used by the fluor’s hand; and (d) caused the Defendant’s flusing the face of the said police officer and flusing it into the face of the said police officer. Accordingly, the Defendant interfered with

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a statement by a victim C telephone);

1. Application of Acts and subordinate statutes to opticians who have damaged gate photographs, and opticians who ask their bed;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act ( point of obstructing the performance of official duties), and choice of imprisonment with prison labor for the crime;

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

1. Article 62(1) of the Criminal Act provides that the content of a crime that assaults a police officer on the grounds of sentencing, and destroys property, is not that of the crime.

However, considering the fact that the victim of the crime of damage to property does not want punishment, the damage amount and assault amount of the crime of damage to property, the fact that the defendant misleads and reflects the defendant, the defendant's age, sexual conduct, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the various sentencing conditions specified in the records and trial process.

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