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(영문) 서울중앙지방법원 2018.09.14 2018고단4317
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year and a fine of 600,000 won.

However, each of the above punishments for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2018, around 00:10, the Defendant damaged public goods: (a) at the Dongjak-gu Police Station type and waiting room in Dongjak-gu Seoul Metropolitan Government Nowon-ro 148, the Defendant arrested a flagrant offender on the charges of assault, taken in, and took in a bath to unfold the lock; (b) cut a fixed locker on the floor that is fixed on the ground of the launching by hand, cut it by hand; (c) cut it by hand; (d) the rewing of the iron in which the partitions is cut off by hand, and (e) marked four iron bars of the iron.

As a result, the Defendant damaged the above “A fixed wing” and “rewing of iron used as partitions,” which are goods used by public offices, thereby harming its utility.

2. Interference with special performance of public duties, and interference with performance of public duties;

A. On April 11, 2018, at around 01:05, the Defendant: (a) placed in the front room and the waiting room of the Dongjak-gu Police Station in front of the investigation room; (b) took the string of the iron bars (1m in length) which are dangerous objects that were destroyed as referred to in the above paragraph (1), in his hand and took a bath for police officers who were in the steering room; and (c) avoided a disturbance; and (d) the Defendant was under threat of the string of the sloping C, which was brought by his hand, and was in front of the slope C, and was under threat of the said C.

Accordingly, the defendant threatened police officers with dangerous articles, and interfered with legitimate execution of duties for police officers' crime prevention and criminal investigation.

B. The Defendant continued to commit assault, such as: (a) he was guilty of defects that C was moving the Defendant to the investigative waiting room; (b) was fluoring the Defendant’s chest on one occasion; and (c) was fluoring the Defendant’s chest on the lower floor by walking his chest on one occasion.

As a result, the defendant committed violence against police officers, thereby hindering police officers from performing their legitimate duties on the prevention of crimes and criminal investigations.

3. The Defendant, in violation of the Punishment of Minor Offenses Act from around 00:10 on April 11, 2018 to 03:30 on the same place as the above paragraph 1, and from the arrest and custody of a flagrant offender on the charge of assault, the Defendant put the police officers a serious bath and height under the influence of alcohol.

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