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(영문) 서울중앙지방법원 2015.01.29 2014고단8842
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 25, 2014, at around 01:10 on September 25, 2014, the Defendant: (a) reported Daoba set up by the Victim C, without any reason, in front of Jongno-gu Seoul, Jongno-gu Seoul, with the influence of alcohol; and (b) made it destroyed by the right caner and the speed devices are not operated; and (c) damaged the property of the victim so that the amount equivalent to KRW 80,000 at its repair cost would not exceed KRW 80,000.

2. The Defendant of the obstruction of performance of official duties: (a) while destroying alba and albbba and albba, and albabbba, and albbba in the above time and place, the Defendant: (b) was scrupted by the police officer, who was called to the site upon receipt of the report, in order to identify the Defendant, who is a police officer belonging to the Seoul Hyungan Police Station, who was called to the site and tried to leave the site; (c) was scrued off as he would be scrupted to identify the Defendant; and (d) was scrupted to the place of the fine; (d) the Defendant threatened the Defendant at the time and place; and (e) the Defendant committed violence by the police officer, who was called to the site upon receipt of the report, and obstructed the performance of duties by the police officer with respect to the handling of reports and the handling of crimes against the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

5. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations for the crimes of obstruction of performance of official duties: From June to April (basic area);

2. The crime of causing property damage is not subject to the sentencing criteria;

3. Violence shall be committed against the accused who made a decision on the sentence of sentence in the confession of a crime, and multiple public officials;

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