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(영문) 서울동부지방법원 2014.06.26 2014고단979
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. At around 02:00 on April 12, 2014, the Defendant of the obstruction of performance of official duties: (a) expressed that “I will die in the front of the village 257, 257, on the street; (b) I, a police officer belonging to the Seoul Songpa Police Station C District; and (c) I, on the ground that I would like to remove the Defendant from the patrol car at “G” house located in the same Gu F, on the ground that I would not walk the Defendant’s house at the seat of 40:7631 (No. 39) (No. 40:7631). I, the Defendant spit the above E, stating that “I will die, I will die in the front of the front of the transition basin. I would spit the knee of the knee, and walk the knee of the knee knee in the following knee kne, and walk the Defendant’s ke and kne in the hum.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reports and patrol service.

2. The Defendant damaged public goods at the time, at the place, as described in paragraph 1, and for the foregoing reasons, damaged the 852,50 won in total by cutting the roof of the vehicle with a tent listed on the tent of the said patrol vehicle, and walking the window-line of the window due to a power failure.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a investigation report (Attachment to a quotation No. 39 of the damaged vehicle);

1. Articles 136 (1) and 141 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The sentencing criteria for the crime of obstruction of the performance of official duties and the crime of damaging public objects in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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