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(영문) 서울서부지방법원 2018.04.03 2018고단667
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Damage to property;

A. On February 3, 2018, the Defendant: (a) around 03:55, at the main point of “D” operated by the Victim C (36 years of age) in Mapo-gu Seoul Metropolitan Government, the Defendant: (b) took a bath for the victim; (c) took a bath for the victim while drinking with the victim; (d) took a bath for the victim; and (e) took a bath for the victim, and damaged the property owned by the victim.

B. On February 3, 2018, around 04:20 on February 3, 2018, the Defendant collected and damaged the property owned by the victim as it was displayed prior to the point of “G” operated by the Victim F (n, 43 years of age) in Mapo-gu Seoul Mapo-gu.

2. The Defendant interfered with the performance of official duties is a police officer from the senior police officer I of the Mapo Police Station of Seoul Mapo Police Station who was dispatched after receiving a report from 112, stating that “one male is a pedagoe,” among the places described in Section 1-B, at the same time and at the place described in Section 1-B.

6 2. 6. 6. 6.2.

Then, I am gymnasium one time at the end of the 112 report process by a police officer, who is affiliated with the same police box, am gymnasium in order to get a defendant to get a knife a knife a knife a knife a knife a knife a knife, and J knife a knife a knife a knife a knife a knife a knife a knife a knife

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Written statements K, C, and F;

1. Application of the Acts and subordinate statutes on CCTV photographs, photographs of victimized police officers, photographs of control points, photographs of damaged police officers taken by F, and CCTV images;

1. Relevant legal provisions concerning facts constituting an offense: Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (the punishment prescribed for a crime of obstructing the execution of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime against I with heavier punishment);

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the largest punishment);

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