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(영문) 서울북부지방법원 2017.06.21 2017고단1340
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant who damaged property was parked on the front road of Seocho-gu Seoul Metropolitan Government, around March 21, 2017, at around 21:00, where he/she was parked.

D damaged the victim's property to be KRW 4 million for repair cost, such as breaking the glass in front of the EN city car owned by the victim Hyundai Capital Co., Ltd., and breaking it by a string and a right string, etc.

2. Interference with performing public duties;

A. On March 18, 2017, around 21:15, the Defendant: (a) committed the above crime; (b) arrested as a current offender; and (c) arrived at the G police box belonging to the Seocho-gu Seoul Seocho-gu Police Station located in Seocho-gu, Seoul; (c) was requested by the police officer F (37 tax) to leave the police box, who was the police officer belonging to the said police box, to take a bath to the said F; and (d) committed assault by the said F, including twice the chest’s chest.

Accordingly, the defendant interfered with the legitimate execution of official duties in relation to the investigation and prevention of police officers' crimes.

B. On March 18, 2017, the Defendant: (a) was waiting at the above G police box around 21:20, when the Defendant was waiting for the said G police box; (b) was assaulted by the police officer, who was the police officer assigned to the said police box, directed the Defendant as a toilet upon receiving a request for the use of the toilet by the Defendant; (c) was 5-6 instances of taking the scams of both of the police officers assigned to the said police box, and was boomed once on the face of the said H.

Accordingly, the defendant interfered with the legitimate execution of official duties in relation to the investigation and prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Written statements of D;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (a point of destruction) and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) and the choice of imprisonment with prison labor, respectively;

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. The defendant is led to confession of the reasons for sentencing under Article 62(1) of the Criminal Act.

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