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(영문) 서울서부지방법원 2018.01.16 2017고단2995
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 21, 2017, at around 02:05, the Defendant damaged the part of the consignee’s mother interest and the part below that, without any reason, the Defendant destroyed the amount of repair cost equivalent to one million won at the market price by breaking the table of the substitute material for the victim’s own front, in a breath of alcohol at D main points operated by the victim C (46 Do) located in Mapo-gu Seoul, Mapo-gu, Seoul, without any reason, under the influence of alcohol.

2. On September 21, 2017, around 02:20, the Defendant: (a) received a request to provide assistance in the process of arresting a flagrant offender suspected of causing damage to property as stated in the foregoing paragraph (1) above on the way front of the above D main point; and (b) assaulted the slopeF belonging to the Mapo-gu Seoul Mapo Police Station Emba, which called “Ie Madro, Embro Ma,” with a view to “Ie son,” and assaulted the F, by a hand, at one time, at the left son of the said F.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. A written statement of C and G;

1. Application of Acts and subordinate statutes to investigation reports (whether to recognize a person who has committed an offense of damage to property);

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act, including the protection and observation, and the grounds for sentencing [the scope of a recommendation] / [the scope of a punishment] the basic area (from June to one year and six months) (no person subject to special sentencing] / [the scope of a recommendation] the scope of a punishment / [the person subject to special mitigation] the scope of punishment / [the person subject to special mitigation] the scope of punishment / the final sentence due to the aggravation of punishment (including a serious effort for recovery of damage) or significant damage, and the scope of a punishment : six months to one year and nine months [the decision of sentence] the defendant interferes with the execution of public duties and the defendant.

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