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(영문) 서울서부지방법원 2019.10.02 2019고단2616
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. On July 4, 2019, at around 01:30, the Defendant damaged the victim’s property by exposing the victim’s market price on the table, which was on the table table, on the ground that the victim’s ownership, who was on the table table, can drink alcohol within the main point of “D” operated by Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and destroying the victim’s property by destroying the victim’s property by spreading the victim’s market value on the floor.

2. On July 4, 2019, around 03:02, the Defendant: (a) arrested and escorted a flagrant offender for the same reason as described in paragraph (1) at the parking lot of the 113 Seoul Seodaemun Police Station in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) committed assault to the police officer F face belonging to the Seoul Seodaemun-gu Seoul Seodaemun Police Station E-gu in order to escape on three occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrante and the transfer of a soldier's disease.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. A photograph of damage to property;

1. Investigation report (to hear statements made by the victim C who causes damage to property);

1. Application of Acts and subordinate statutes to report internal investigation (the list of 112 reported cases and attachment of police officers' body photographs);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act is that the defendant, under the influence of alcohol, destroys the main property and assaults the police officer dispatched after receiving a 112 report, thereby obstructing the execution of his/her duties, and that the punishment for such crime is minor;

However, the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant has both committed the crime, the fact that there is no criminal record, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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