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(영문) 서울북부지방법원 2016.12.15 2016고단4073
공무집행방해등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2016, around 00:30 on September 11, 2016, the Defendant damaged public goods, the Defendant: (a) laid off a plastic simplified in front of the G patrol car, without any reason, while the E and F, a police officer belonging to the Seoul East-gu Police Station D Zone D District, prevented Defendant from fighting and hearing explanations from Defendant’s daily activities.

The Defendant, as such, damaged the patrol vehicle, which is an object used by public offices, to have the amount equivalent to 301,40 won at the market price.

2. The Defendant, at the same time and at the same place as in the preceding paragraph, assaulted the police officer, who was a police officer belonging to the Seoul Eastdong Police Station D District of Seoul Eastdong Police Station, f, expressed his desire to arrest the Defendant in the act of committing an act of committing an offense, f, who was in contact with the police officer E and carried out arms, and f, who was in contact with the police officer E, and prevented the police officer from carrying out the efforts, and assaulted the police officer, who was in contact with the police officer F, with the body of the police officer F, who was in contact with the police officer.

As such, the Defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F and E by the police officer;

1. Images of glass photographs of vehicles;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 141(1) and 136(1) of the Criminal Act applicable to the relevant criminal facts;

1. Crimes of obstruction of the performance of official duties under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that he/she commits an error, the fact that he/she reimburses the repair expenses for patrols, and the fact that he/she does not commit the same error);

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