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(영문) 서울남부지방법원 2014.08.14 2014고단2422
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:00 on June 8, 2014, the Defendant damaged the victim’s vehicle B, which was parked in the above place without any justifiable reason, to cover repair costs on the market price, such as slicking the slicks on the vehicle C owned by the victim B, which was parked in the above place on the front day of the Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 362-71 PC.

2. On June 8, 2014, the Defendant: (a) expressed that, at around 04:03 on June 8, 2014, the Defendant: (b) expressed that “A police officer belonging to the Seoul Gangseo-gu Police Station D District D District, who was dispatched to the site, intends to arrest the Defendant as a flagrant offender, and assaulted the E’s chest in two hand, by pushing the Defendant’s chest, and drinking the Defendant at one time, with his/her left eye, and with his/her hand, at one time the left eye buck.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender by a police officer who wears a uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs damaged by vehicles owned by victims B;

1. Relevant Articles 136 (1) and 366 (1) of the Criminal Act concerning the crime. Article 366 (Selection of Imprisonment with Labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (a) of the suspended sentence for the reason that there is no previous conviction except for the confession of a criminal act and a mistake in depth, and the punishment of a fine twice due to a concurrent criminal act, and all circumstances such as compensating the victim of damage to property and the victim did not want the punishment against the defendant) or more.

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