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(영문) 서울남부지방법원 2015.10.14 2015고단3599
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 26, 2015, the Defendant: (a) around 01:00, around the restaurant of “D” located in Yangcheon-gu Seoul, Yangcheon-gu; (b) around 112 reported by the Defendant that the Defendant was fighting at the restaurant, the police officer F of the Seoul Gyeyang Police Station Emba, who was called out after receiving the 112 report that the Defendant was carrying out a fighting at the restaurant, prevented the Defendant; and (c) by hand, he saw the horses of the said F once with his hand, and led him to a 2m quantity by carrying the flick.

Accordingly, the defendant interfered with the legitimate execution of police officers F's duties related to the maintenance of order and criminal investigation.

2. The Defendant damaged public goods, at the time, at the place specified in the foregoing paragraph (1) above, was arrested as a flagrant offender by F and G, and was on the back seat of 112 patrols, and 4,5 times from the back of the 112 patrols, and thereby, damaged goods used by public offices by having the 122,540 won of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to each photograph and estimate;

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

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

1. The sentence of Article 62(1) of the Criminal Act for the reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution and the sentence of Article 62(1) is a second crime that has no basic area (6 to 1.6 months) [the scope of recommendation] for the obstruction of performance of official duties [6 to 1 year] and the basic area (6 to 4 months] for the obstruction of performance of official duties] (6 to 2 months [the decision of sentence] for each of the crimes of this case, the defendant's age, character and conduct, circumstances after the crime, and criminal records and arguments of this case shall be comprehensively considered, and the sentence against the defendant shall be determined as ordered.

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