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(영문) 서울동부지방법원 2020.02.19 2018고단3892
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 13, 2018, the Defendant assaulted the victim by twice the face value of the victim D(27 years of age) who was under the influence of alcohol and was under the influence of alcohol in the entertainment drinking house called “C” in Songpa-gu Seoul, Songpa-gu, Seoul around 22:00.

2. On October 13, 2018, the Defendant: (a) around 22:40 on October 13, 2018, at the F District of the Songpa Police Station located in Songpa-gu Seoul, the Defendant was arrested as a flagrant offender by G, etc., who was a policeman belonging to the F District Unit of the Songpa Police Station, called up after receiving 112 reports in relation to the preceding paragraph, and was transported to the F District one time.

As above, the Defendant interfered with the lawful execution of duties with respect to the arrest and custody of police officers.

3. On October 13, 2018, around 12:00 around October 13, 2018, the Defendant damaged public goods by opening a part of the protection wall of the detention room, which is public goods, in his/her hand, in the Songpa Police Station’s cell located in 221, Songpa-gu Seoul, and damaged the public goods inside.

Summary of Evidence

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes on 112 Declarations, 112 Declarations, investigation reports (materials attached to the obstruction of performance of official duties, damage to public property);

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, on October 18, 2017, committed violent crimes, was sentenced to imprisonment on May 18, 2017; (b) the Defendant was sentenced to several fines in addition to the punishment for one year of suspended execution; (c) the Defendant was unable to receive a letter from the victims; and (d) the degree of assault, etc.; and (c) the sentence is determined

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