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(영문) 인천지방법원 부천지원 2018.03.08 2017고단2819
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 28, 2017, around 23:50 on August 28, 2017, the Defendant: (a) damaged the road while drunkly walking on the street in front of Seocheon-si, Seocheon-si; (b) the victim D (30 years old) caused the damage to the left-hand edge of the E-car parked.

2. On August 29, 2017, the Defendant, who interfered with the performance of official duties, and the Defendant injured the victim H (25 years old) who was a public official belonging to the police of the said earth while arrested the police officer in the act of damaging the above property and moving the victim into the atmosphere after receiving a report of 112 that he/she was exempted from clothes and was infinite, Seocheon-si Police Station G District located in Seocheon-si, Seocheon-si, Seoul, 2017, and was arrested by the police officer during the act of destroying the above property and was in motion to take a bath to the victim H (25 years old) who was a public official belonging to the police of the said earth, and committed assault and assaulting the victim to treat the victim for a limited period of two weeks.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the prevention and suppression of crimes, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. Investigation reports (to attach video-recordings to the process of preparing a written statement), investigation reports (to hear statements made by victims who interfere with the performance of official duties);

1. 112 Reporting case disposition marks, etc., and certificates of employment;

1. Photographss of damaged vehicles, caps of damaged parts and photographs on the part of the victim's arms;

1. A copy of the work log;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 136 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed each of the crimes of this case without being aware of even though the defendant was under trial by the Incheon District Court 2017 High Order 3840, while the defendant committed the crime of destroying property and damage to public goods during the period of probation, and even though he was under trial by the Incheon District Court 201 High Order 3840, it is inevitable to sentence the defendant to the punishment

(b).

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