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(영문) 서울동부지방법원 2019.03.15 2019고단98
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

On June 28, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Seoul East Eastern District Court on April 25, 2018.

Criminal facts

1. On January 6, 2019, at the front of the 'C' restaurant located in Gangdong-gu Seoul Metropolitan Government, the Defendant: (a) expressed his desire to see, “C” in front of the restaurant; (b) the Defendant, upon reporting 112 that the Defendant was drunk, sent back from the circumstances of the D District of the Seoul Gangseo-gu Police Station D, Seoul, which was called by the Defendant, for returning home from E; and (c) threatened E, as he can be seen in drinking by drinking, with a view to “C impunch, age, flae, flaps, and flaps.”

Accordingly, the defendant assaulted police officers who perform legitimate duties on the handling of 112 reported cases, thereby hindering the execution of official duties.

2. At around 19:50 on January 6, 2019, the Defendant damaged public goods, at the front parking lot of the Seoul Gangseo-gu Seoul Metropolitan Police Station D District, which was located in the Gangdong-gu Seoul Metropolitan Government, the Defendant was arrested as a flagrant offender under suspicion of obstruction of performance of official duties, such as the above paragraph (1), and was on board the back seat of the 33th patrol seat belonging to the Gangseo-gu Police Station in order to be brought into the Seoul Gangseo-gu Police Station, thereby impairing its utility by breaking the back door door door door of the patrol car and breaking the light view of the market value on the left side of the patrol car and keeping the glass door.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written statement of G and H prepared;

1. A detailed statement on the handling of 112 reported cases and a work site in the D District;

1. Photographs of the patrolr;

1. Previous convictions: Inquiry reports, investigation reports (verification of repeated crimes), judgment and application of Acts and subordinate statutes to the status of acceptance of individuals (Evidence Serial Nos. 16);

1. Relevant Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 141(1) of the Criminal Act as to the crime, and the point of damage to public goods;

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