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(영문) 서울북부지방법원 2016.06.16 2016고단93
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On November 18, 2015, at around 02:00 on November 18, 2015, the Defendant: (a) attempted to make a calculation after being drunkd in the “E Market” operated by Seongbuk-gu Seoul Metropolitan Government Victim D (60) to the calculation unit for products such as cattle, etc., while drinking in the “E Market; (b) however, he did not cause money from the injured party.”

” 는 말을 듣게 되자 화를 내며 소란을 피우다가 계산대 밖으로 피해자를 끌어내면서 계산대를 부숴 피해자 소유의 시가 미상의 계산대를 손괴하였다.

2. On November 18, 2015, the Defendant obstructed the performance of official duties at around 02:18, 2015, the Defendant sent out of Smarket with G of the F District of the Seoul Seongbuk Police Station that was called out after receiving a report of 112 while avoiding disturbance at the place of the preceding paragraph, and reported that D and its wife wanting to enter the Smarket, and again, followed by G, to be subject to restraint from G, and “I must come to the governance, I will come to the police, come to their flick, come to their friendship, come to their friendship, and flick, and pushed off G with their hand.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into each police statement protocol with respect to D or G;

1. Application of the Acts and subordinate statutes concerning CCTV images and each photograph;

1. Relevant Articles 366 and 136 (1) of the Criminal Act concerning the facts constituting an offense (the choice of imprisonment with prison labor);

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 Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Nov. 18, 2015) (see, e.g., Supreme Court Decision 201Da1448, Nov. 18, 2015) - The charges of assault against the Defendant in width are calculated after being drunkd in the “E Scmarket” of the victim D’s operation in Seongbuk-gu Seoul Metropolitan Government around November 18, 2015.

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