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(영문) 서울북부지방법원 2017.07.13 2016고단4136
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on September 5, 2016, the Defendant assaulted the victim several times due to a sudden breakdown that the victim discovered while under the influence of alcohol at the victim C (V, 72 years of age) located in Dongdaemun-gu Seoul Metropolitan Government, was fright to the Defendant, and the victim was satisfe and fright to the house.

2. The Defendant damaged property by breaking off the E-to-land owned by the victim D, which was parked at the same time and at a place as the above 1 paragraph, and landed off the guard of the GTP car owned by the victim F.

Accordingly, the defendant damaged the victim's offland owned by the victim D to use the unpaid repair cost, and damaged the victim's F-owned passenger car to use the 601,951 repair cost.

3. The Defendant interfered with the performance of official duties, and the Defendant was a person who damages property at the same time and place as above 112 reported to the effect that she is “a person who damages property,” and received a check from I (33) who is a police officer belonging to the Dongdaemun-gu Seoul East Police Station police station, Seoul, who was called out after receiving a 112 report to the effect that she is called “a person who does not refuse to die, she shall cut back and boom.” The Defendant assaulted the police officer I’s left face.

As a result, the Defendant interfered with the legitimate execution of duties by police officers with regard to the handling of the 112 reported case by the police officers I, and at the same time, the Defendant inflicted an injury on the above I, such as an on-site care for approximately two weeks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C, I, D, and F;

1. On-site CCTVs and vehicle booms video-making CDs;

1. Photographs photographs, such as the site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV, vehicle screen counter party), investigation report (report on submission of a written estimate to improve the damage of a victim FF vehicle);

1. Relevant legal provisions concerning criminal facts, Article 260(1) of the Criminal Act (the point of violence) of the choice of punishment, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of harm) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 40 of the Criminal Act of the Commercial Competition.

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