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(영문) 서울서부지방법원 2017.05.10 2016고단3204
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2016, the Defendant: (a) around 21:10 on September 26, 2016, the Defendant: (b) was under the influence of alcohol in outdoor toilets near the D restaurant located in Mapo-gu Seoul Metropolitan Government; and (c) was damaged by the victim’s failure to report to the police station; and (d) the victim’s loss caused damage to the victim’s personal phone, which was 80,000 won in his/her hand, by lowering the victim’s share of the phone to the amount of money.

2. On September 26, 2016, at the front of G restaurant located in Mapo-gu Seoul Metropolitan Government F on September 26, 2016, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting 112 police officers on the ground that he refused to answer to the police officer I who was called out after receiving a report from 112 of E, who was damaged by the mobile phone period, and attempted to go to go to the victim, and attempted to go to go to go to go to the victim, and he was subject to restraint to 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. Statement made to I by the police;

1. Investigation report (verification of cell phone images that obstruct the performance of official duties);

1. Application of the Acts and subordinate statutes governing destruction of damaged goods (personalphones), field photographing images, and CDs;

1. Articles 366 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. According to the testimony of the witness on the grounds of sentencing under Article 62(1) of the Criminal Act, field photographing video CDs, etc. of the suspended sentence, even though it is sufficiently recognized that the defendant's 112 report was damaged by the victim E who tried to report the 112 and obstructed the performance of official duties by assaulting the victim police officer who was dispatched after receiving a 112 report, the crime was denied and the victim did not seriously reflect.

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