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(영문) 서울북부지방법원 2016.12.22 2016고단4535
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 18, 2016, the Defendant: (a) around 02:15, 2016, on the street in front of the “C cafeteria” located in the Jung-gu Seoul Metropolitan Government, the Defendant collected plastic chairs and damaged them on the street without any reason under the influence of alcohol; and (b) cut off the victim D’s market value attached to the said C 700,000 won at one time, which is equivalent to 700,000 won.

2. At around 02:20 on September 18, 2016, the Defendant: (a) was arrested as a flagrant offender on the ground that he damaged the victim D’s glass room attached to the said C shop; (b) was arrested on the street in front of the “C cafeteria” located in Seoul Central-gu, Seoul; and (c) was on board the seat after patroling at No. 51.

Defendant raised complaints about the arrest of flagrant offenders, and 80,000,000,000, which are installed in front seat of the next seat of 51, the market price was broken off by several times.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

3. On September 18, 2016, the Defendant: (a) around 04:20 on September 18, 2016, in the process of arresting a flagrant offender by the same act as the above paragraph 1, the Defendant saw that he was transported to the said police box; (b) took the police officer into custody of the police box for about one hour, such as “I wish to kill the Defendant, I would like to kill him; and (c) assaulted the Defendant’s lock for the criminal escort of the Seoul Western Police Station and escorting him at one time.”

Accordingly, the defendant interfered with the legitimate escort of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Written statements of D;

1. Photographss of photographs or CCTV screen pictures for the obstruction of performance of official duties and photographs;

1. Investigation report (the statement of a police officer dispatched at the time of damage to public goods);

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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