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(영문) 서울남부지방법원 2015.02.05 2014고단4849
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. At around 23:40 on December 6, 2014, the Defendant: (a) committed assaulting the victim’s chest, such as getting in the patrol vehicle and getting out of the front of the patrol vehicle despite the police box of Seoul Yeongdeungpo-gu Police Station C, which was called out after having been reported 112, and, even though the police officer, who was called out after having been urged to return home, the Defendant: (b) obstructed the performance of official duties; (c) obstructed the police officer, who was called out after having been reported 112, was urged to return home; and (d) obstructed the police officer, who was called out.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on the handling of 112 reported cases.

2. On December 7, 2014, at around 00:23, the Defendant damaged public goods and caused damage to their utility by taking several bulletin boards attached to the wall of the instant police box, which was committed as a crime listed in the preceding paragraph, to the C police box located in Yeongdeungpo-gu Seoul Metropolitan Government, and waiting for the crime listed in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on damaged bulletin boards pictures;

1. Articles 136 (1) and 141 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. It is so decided as per Disposition for the reason of not less than Article 62(1) of the Criminal Act (along with the fact that a confession is made to commit a crime and a mistake is divided, and there is no record of criminal punishment except for the case in this case);

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