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(영문) 서울북부지방법원 2016.06.23 2016고단946
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Interference with performing public duties;

A. On January 26, 2016, around 06:30 on the front day of Nowon-gu in Seoul Special Metropolitan City, the Defendant assaulted the face of the above E on one occasion on the hand on the ground that he received a recommendation from the police officers E belonging to the Seoul Nowon-gu Police Station D District Unit of the Seoul Nowon-gu Police Station for “payment of fees and returning home” from the police officers assigned to the police station of the Seoul Nowon-gu Police Station after receiving a report of 112 that there is a problem of taxi fares

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

B. The Defendant was arrested as the current offender on the above date, at the above place, and was accompanied to the said zone on the same day, and the Defendant used the police officer F belonging to the said police station, who was going to board the patrol boat to go to a police station in front of the D police station around 07:00 on the same day, at the above time and at the above place, and used violence to F on one occasion on the left side of the said F.

Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties on the prevention, suppression, and investigation of crimes.

2. In light of the facts charged and evidence, the Defendant who damaged public goods is correct ex officio because it is an obvious clerical error in the “paragraph 1-B” described in Article 1-2(2) of the facts charged.

At the same time, at the above D Zone, there is an objection to the arrest of the current criminal for the above reasons, such as “Chewing sing, dead sing away,” and the market price of which was located there was approximately 10 cm by drinking a flag.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. Photographs damaged public goods;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 136 of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties) and 141(1) (the point of damaging goods for public use) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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