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(영문) 서울남부지방법원 2016.03.25 2015고단2804
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 20, 2015, the Defendant interfered with the performance of official duties at the Yeongdeungpopo Central Market located in Yeongdeungpopo-gu Seoul Metropolitan Government, and at the time of receiving a report, the Defendant interfered with the police officer’s legitimate performance of duties regarding the handling of the reported case at once, when he was requested to present identification cards from a private person D (41 tax) belonging to the Seoul Youngpo Police Station C District of Yeongdeungpopo-gu, Seoul, which was called for after receiving a report.

2. On June 20, 2015, around 16:30 on June 20, 2015, the Defendant damaged the repair cost of KRW 8,550 on the ground that the office staff, who was arrested and waiting as a current offender for the same reason as paragraph 1, was unable to smoke, and that the office staff, who was in waiting, collected the fire of the public telephone machine used in the above office, carried the hand-off to the installation unit of the public telephone, and carried the hand-off of the fire.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. Statement made by the police against D;

1. Each statement of E and F;

1. On-site mobilization reports and investigation reports (report attached to a written estimate of fire-fighting devices at damaged public telephones);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Damage to Goods for Public Use) (Scope of Recommendation) / Destruction and Destruction of Goods for Public Use / No basic area (no person in charge of special sentencing for June to one year) / No person in charge of basic area (no person in charge of special sentencing)

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of Final Punishment due to the aggravation of multiple offenses for which there is no basic area (six months to one year and four months) (special sentencing sentencing factors) / Six months to one year and four months: June to February.

2. The accused who has been sentenced to sentence shall exercise violence against police officers in the course of performing their duties and shall make public telephones which are the case of public goods;

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