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(영문) 서울남부지방법원 2018.06.08 2018고단1197
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. Damage to property;

A. On January 14, 2018, at around 21:12, 2018, the Defendant: (a) opened a 150,000 per cent of the market price of the victim D owned by the victim, which is under the influence of alcohol, on the front side of “C” located in Gangseo-gu Seoul Metropolitan Government, and destroyed plants and soil by putting them into the road.

B. Around 00:40 on March 5, 2018, the Defendant destroyed the part of the lower part of the repair cost, which is KRW 1,800,000,000, which is the victim G holding that the Defendant was parked on the 14th floor of the Gangseo-gu Seoul Metropolitan Government apartment complex, with a 14th floor of the apartment complex of Gangseo-gu Seoul Metropolitan Government, without any justifiable reason, under the influence of alcohol.

2. The Defendant interfered with the performance of official duties: (a) received 112 reports from the date, time, place, and place described in paragraph (1); and (b) received 112 reports from the Defendant, and sent to the site by the police officer affiliated with the Seoul Western Police Station I of the Seoul Western Police Station, which called “Iskn't have any fire in fluence” to the Defendant.

“Absking a drinking to J,” and having assaulted K as a way to ask the Defendant about his personal information, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, K, and G;

1. Written statements of D, L and G;

1. Application of Acts and subordinate statutes to the submission of a written estimate for investigation reports;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Although the defendant is led to the confession of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the defendant has already been sentenced to four times a fine, the issue is not less than that of the defendant, the damage has not been recovered, and the defendant's age, sex, environment, motive, means, means, and result of the crime is followed.

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