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(영문) 서울남부지방법원 2018.04.13 2017고단6015
공무집행방해등
Text

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

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

(b) the defendant;

Reasons

Punishment of the crime

1. On September 20, 2017, the Defendant interfered with the performance of official duties, around 23:45, at the Gangseo-gu Seoul fire prevention market, the Defendant was taking a bath to the above B without paying the taxi fee, and the security guards E belonging to the Seoul Gangnam Police Station D District dispatched after receiving the 112 report, recommended the Defendant to return home by paying the taxi fee, while stating that the above E’s clothes and backs and backs of the above E are considered to be drinking each time.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

2. The Defendant, at the time, at the time, and at the place, as described in paragraph 1, insulting E, a police official belonging to the above earth that prevents the Defendant from disturbing the disturbance, “I am feas, and there is no feass in such feass.

under this title, the victim was insulting by taking a big bath while the taxi engineer B, etc., who is a taxi engineer, was heard.

3. In order to prevent the Defendant from taking a bath to a police officer as above at the date, time, and place mentioned in paragraph 1, the Defendant damaged the property by leaving the Defendant’s hand, and by leaving the Defendant’s hand on the top of the instant taxi operated by the victim B, the Defendant destroyed the property by falling off one signboard with which the victim’s market price, which is installed in the taxi, can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of witnesses prepared in the F;

1. Statement made by each police victim to B and E;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act (the point of insult), Article 366 of the Criminal Act (the point of damaging property), and choice of imprisonment with prison labor as to the crime;

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. Article 62(1) of the Criminal Act (the criminal defendant shall be punished by a fine).

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