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(영문) 서울서부지방법원 2018.06.22 2017고단3058
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On September 12, 2017, around 22:40 on September 12, 2017, the Defendant damaged that the market price cannot be determined, such as setting off a liverer, who was parked on the front side of the said place, while drinking alcohol on the second floor of Eju located in Mapo-gu Seoul Metropolitan Government, without any justifiable reason, and setting out a liverer on the front side of the said place, which is owned by the victim F (37 tax).

2. On September 12, 2017, around 23:50 on September 12, 2017, the Defendant: “Around the day before Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu Police Station HH District”) instructed the Defendant to invalid after checking the details of the report by the police officer I called out after receiving the report from 112, and prevented the Defendant from taking the same situation into a cell phone, and assaulted the chest part of the chest part of the said I on one hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K and L;

1. Each investigation report (verification of on-site CCTV images);

1. Application of statutes governing on-site CCTV CDs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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. Determination on the assertion by the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. Points of damage to property;

A. The defendant did not have the intention to damage the property.

B. According to the evidence duly admitted and examined by this court, the Defendant was out of the prison room as stated in Paragraph 1 of the criminal facts in the judgment while drinking alcohol from the outside of the second floor. The Defendant was at this time.

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