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(영문) 서울동부지방법원 2016.07.07 2016고단683
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on February 29, 2016, the Defendant, while drunk in a “E” restaurant operated by the victim D (49 years of age) located in Gangdong-gu Seoul Metropolitan Government, left a glass window (1m50cm in width, 2m2m in length) on the part of the victim’s disease, and damaged the victim’s market price, 550,000 won in a free window (50cm in width, 2m in length, 50,000 won in length).

2. On February 29, 2016, at around 20:45, the Defendant: (a) arrested the victim in the act of destroying property, such as the preceding paragraph, on the G District located in Gangdong-gu Seoul, Seoul, on the part of the G District; (b) requested the victim to be able to take a view by the police officer, and continuously requested the victim to produce identification cards to identify his/her personal information; and (c) took a bath to the victim by assaulting the victim’s chest on the part of the victim’s left left part of the facility with his/her drinking, and obstructing the victim’s lawful arrest duties and criminal investigation duties by assaulting him/her on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Application of the written estimate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for six months to one year and seven months; and

(a) Category 1 (Interference with the performance of official duties and coercion of duties), the basic area (from June to January 1) - The person who has no special sentencing factors:

(b) general criteria for damage to property.

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