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(영문) 의정부지방법원 고양지원 2015.04.10 2014고단3128
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. At around 03:20 on November 2, 2014, the Defendant: (a) committed an act of obstruction of performance of official duties with C and agency fee issues, which are designated as a substitute driver, in front of the IC wall establishment in Gyeyang-gu, Seoyang-gu; (b) the Defendant was urged by E during the police box of the Gyeonggi High Police Station, who was dispatched after receiving 112 the notification, to resolve the substitute driver and to return home smoothly; and (c) the Defendant “drawing why the police officer would face a proxy engineer, and if the police officer failed to go home,” and assaulted the said E’s breast and part of the breast and ship in both hands, and the lower part once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the scene, investigation of crimes, and maintenance of order.

2. At the time and place specified in the foregoing paragraph (1), the Defendant publicly insultingd the victim E, who is the circumstances leading up to the police box of the Gyeonggi High Police Station, such as “the bit of bitch bitch bitch bitch bitch, Chewing,” etc., on the part of the victim E, who belongs to the police box of the Gyeonggi High Police Station

3. At the time, at the time, at the place specified in the above paragraphs (1) and (2), the Defendant interfered with and insulting the performance of official duties as stated in the above paragraphs (1) and (2), and thereby arresting the Defendant as a flagrant offender, the circumstances leading up to the police box affiliated with the Gyeonggi High Police Station, etc., arrested the Defendant as a flagrant offender, thereby causing the defect in carrying the Defendant on the patrol vehicle, and the latter part of the F patrol vehicle’s steering direction was displayed once again.

Accordingly, the defendant damaged the above patrol vehicle used by public offices to maintain the amount of 290,717 won as repair cost.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the police statement of E;

1. G statements;

1. Written complaint and written estimate;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 of the Criminal Act:

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