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(영문) 서울북부지방법원 2017.09.28 2017고단2761
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

On June 12, 2017, at around 22:44, the Defendant: (a) in the Defendant’s residence located in Seongbuk-gu Seoul Metropolitan Government B apartment house 208, 403; and (b) “the husband assaults”, upon receiving 112 reports, the Defendant proposed that D’s circumstances belonging to the Seongbuk-gu Seongbuk Police Station C District would be free to the denial of the Defendant; (c) the Defendant took a bath to read “the openings must be changed to the front part of the D’s back part on the hand.”

On the other hand, the Defendant continued to use D’s front of the B apartment 208-dong-ro 208-dong-ro, followed the front glass of the vehicle, thereby damaging the repair cost of KRW 280,000, and assaulting D’s clothes to arrest the Defendant as a flagrant offender due to the crime of damaging public goods.

As a result, the Defendant interfered with the legitimate execution of duties by police officers in relation to the 112 Report Processing Services, and damaged the utility of things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Parts and photographs of the vehicle for destruction;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts, Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is not only an assault against a police officer dispatched after receiving a report on domestic violence, but also an intentional damage to the front of patrol vehicles.

Defendant has been punished for a crime related to violence.

However, the Defendant was committing the instant crime and is in profoundly against the Defendant.

A state where medical treatment is under way due to alcohol addiction disorder.

Compensation measures were taken in favor of the patrolr.

Domestic violence cases are serious damage.

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