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(영문) 서울남부지방법원 2021.01.29 2019고단4783
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Damage to property;

A. On August 28, 2019, at around 07:30, the Defendant destroyed the victim C’s market price by generating air conditioners outside the air conditioners equivalent to approximately KRW 2.50,000,00, without any justifiable reason, and damaged the victim’s market price at KRW 90,000,000.

B. A. The Defendant destroyed the Defendant’s bicycle equal to KRW 120,000 at the victim D’s market price at any time, place, without any reason, and damaged the Defendant’s bicycle and air condition beyond the air conditioner of KRW 250,000 at the market price.

2. The Defendant interfered with the performance of official duties on August 28, 2019 and around 07:40 on August 28, 2019, is accompanied by male in front of Geumcheon-gu Seoul Metropolitan Government.

“Absing to F, a police officer belonging to the Geumcheon Police Station E District, who was dispatched to the site after receiving a report of 112, who was sent to the site, and assaulted F, a police officer belonging to the Geumcheon Police Station, by taking the victim’s face into drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement made by the police concerning F of the protocol concerning the interrogation of the suspect against the accused;

1. A written statement of C and D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report and a criminal investigation report ( telephone conversations with C, the head of which is the head of the household);

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

1. The crime of aggravated concurrent crimes is causing damage to another person's property and obstructing the police officer's legitimate performance of official duties in order to solve such damage without any justifiable reason in sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act: Provided, That the punishment shall be determined by taking into account all the circumstances of the pleadings and the sentencing indicated in the records of the instant case, including the following: (a) the fact that the victim of the damage to property has agreed with the victim of the damage to property; (b) the defendant has no criminal record exceeding the fine; (c) the other defendant

It is so decided as per Disposition for the above reasons.

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