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(영문) 서울중앙지방법원 2013.08.30 2012고단5142
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 12:40 on June 10, 2012, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc. damage) (abrupted by destruction and damage) caused by the tear of the market price in a juvenile training hall in a park managed by the victim E (n.e., the knife length of 9.5 cm) by using a dangerous article in the D Park located in Dongjak-gu Seoul Metropolitan Government (n.e., the knife and 21 years old).

Accordingly, the defendant carried a dangerous article and damaged the property.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed an act of violence, etc. (collective assault) at the time and place under the above paragraph (1), and at the time and place under the above paragraph (1), expressed the excessive amount of paragraph (1), which is a dangerous object that was a dangerous object against the unspecified number of citizens who had been under the care of or had been in the park, and expressed his/her intent to kill, and when the Victim F (F, South and 37 years of age) prevented the Defendant, he/she expressed his/her excessive amount to

In this respect, the Defendant, carrying a dangerous article, assaults the victim.

3. Around 16:00 on July 16, 2012, the Defendant committed assault, such as spawning a disturbance at D Park in Dongjak-gu Seoul Metropolitan Government, and spawning the spawn against the actors, etc. at the time, when the victim slope H (ma, 51 years old) affiliated with the Seoul Dongjak Police Station G police box (ma, 51 years old), dispatched to the scene at the time, spaced the Defendant, and subsequently, spathed the victim’s flab and flab with the Defendant’s hand, and flabing the victim

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of public security and order of the victim who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement of H;

1. Each statement of E, F, and I;

1. Records of seizure, list of seizure and photographs of articles seized;

1. Photographs of damaged articles;

1. The defense counsel regarding the assertion of the defense counsel of the victimized police officer is at the time of the instant crime.

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