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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단930
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 1, 2017, the Defendant attempted to damage the said vehicle at the front of the taxi platform of the Donsan Station in the Donsan Station located in the 100 Sinsan-si, Asan-si on September 1, 2017, the Defendant attempted to damage the said vehicle by cutting off the driver’s seat and the driver’s seat door at hand, making it possible for the victim B, who was parked without any justifiable reason, to drive the vehicle under the influence of alcohol, and walking the car at several times, but was attempted to damage the said vehicle by walking the driver’s seat door, but was not damaged.

2. Around 00:00 on September 2, 2017, the Defendant assaulted the victim B (31 tax) who was sent to the police after receiving a report at the same place as above, and was informed of the arrival of the police officer who was called out of the said car upon receiving a 112 report, and committed assault, such as the victim B (31 tax) who was called out of the said car, and the victim’s removal from the police officer, despite the victim’s receipt of a removal from the said car, at the victim’s left-hand head by drinking, and the victim’s neck by hand.

3. On February 18, 2018, at around 02:54, the Defendant: (a) committed assault against “E” on the first floor of D, 112, that a drunk customer was fluened and sent to another customer by receiving a report of 112 that he/she was fluencing expenses; (b) he/she saw that he/she would pay the drinking value from a police box in the Gyeonggi-gu Police Station F box called Ha; and (c) would be urged to return home by paying the drinking value from a policeman; and (d) he/she saws “flus, flus, flus, and brus, flus, brus,” and flus the arms of the said G twice by her hand, and flus the left buck.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, G, and I;

1. B written statements;

1. Application of the Act and subordinate statutes to CDs or investigative reports (on-site motion pictures) on cell phone pictures taken at the scene of the crime;

1. Relevant legal provisions concerning criminal facts, Articles 371 and 366 of the Criminal Act ( point of attempted destruction of property), Article 260 (1) of the Criminal Act ( point of assault) and Article 136 (1) of the Criminal Act ( point of obstructing the performance of official duties) of the same Act, and the choice of imprisonment for each sentence;

1. Aggravation concurrent crimes;

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