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(영문) 서울남부지방법원 2016.08.11 2016고단2692
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 26, 2016, at around 00:50 on May 26, 2016, the Defendant: (a) was living on a second floor of the housing building located in Geumcheon-gu Seoul, Geumcheon-gu, the Defendant sought a victim to demand repair of the house leased by the Defendant at the home of the victim C, the lessor located in the third floor of the said housing building; (b) on the ground that he does not open the door, the Defendant laid down the glass part attached to the entrance.

Accordingly, the defendant damaged the victim's market price of 60,000 won or more.

2. Whether the Defendant, at the time and place under paragraph (1) and upon receiving a report of 112 as the day of the destruction of property, such as Paragraph (1), 10,00, the Defendant interfered with the performance of official duties, “Is to face the glass of the Party,” from the slope E belonging to the Geumcheon Police Station in Geumcheon, Seoul.

” 는 질문을 받게 되자 “ 내가 유리를 깼는데 어쩌라 고 씨 발 새끼들 아. ”라고 욕설을 하면서, 양손으로 위 경찰관 E의 가슴을 세게 밀친 후 조끼를 잡아 흔들고 그의 오른 손목을 꺾었다.

On the other hand, the defendant continued to be arrested by F as a current criminal of interference with the performance of official duties from F of the border belonging to the same earth zone, and assaulted by F of the police officer F of this case, such as the wheels to the right blue and the left blue.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense;

(1) Article 136(1) of each Criminal Code (the point of obstructing the execution of each official duty).

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes. (Co-existence of Imprisonment with prison labor);

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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment].

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