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(영문) 서울남부지방법원 2018.03.22 2017고단6342
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant damaged property: (a) around 23:50, on the street before the E precious metal shop in Guro-gu Seoul Metropolitan Government D; (b) without any justifiable reason, the victim F, who stops in the relevant place, string the top top of the G rocketing-si operated by the victim F, without any reason, string the string of the G rocketing-si.

As such, the Defendant destroyed the pent part of the victim taxi to the extent of repairing costs.

2. The Defendant spits and spits the victim’s face by taking advantage of the victim’s left satisfy in the time, place, and place indicated in paragraph 1. The Defendant committed the act as stated in paragraph 1, and was set off from the victim F ( South, 53 years old) in this taxi and taking the Defendant’s resistance. The Defendant committed the assault against the victim as such.

3. On November 30, 2017, at around 23:55, the Defendant: (a) received 112 reports from the E precious metal shop located in Guro-gu Seoul Metropolitan Government; (b) took an inquiry of the circumstances of the instant case from the police officer I of the Seoul Guro-gu Police Station H police station, Seoul who called out; (c) took a bath to I; and (d) I opened the I’s rank rank, opened the I’s face, took the I’s hair, boomed with her hair, she was sleeped by her head; and (d) I got her chest by drinking.

As such, the Defendant assaulted police officers I to interfere with the legitimate execution of duties concerning I's crime prevention and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement;

1. Application of each statute on photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and Article 260(1) of the Criminal Act (the point of assault);

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act

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