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(영문) 서울동부지방법원 2015.10.28 2015고단2714
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 17, 2014, the Defendant was sentenced to a suspended sentence of 4 months for the crime of obstruction of performance of official duties by the Seoul Eastern District Court, and the said judgment became final and conclusive on April 25, 2014, and is currently under suspended sentence.

【Criminal Facts】

1. On September 9, 2015, the Defendant: (a) under the influence of alcohol in front of a 67-lane 19:55, 19:2, the Defendant: (b) opened a back door of the vehicle that the victim C (the age of 45) driven; (c) opened and boarded the vehicle; (d) the victim gets off the vehicle and gets off the vehicle; (d) the victim gets off the vehicle; and (e) opened the driver’s seat of the said vehicle; and (e) expressed the victim’s desire to open the driver’s seat in the vehicle; and (e) took the victim’s face at one time and one-time, sent the victim a assault to the victim by drinking.

2. On September 20, 2015, the Defendant: (a) was arrested of a flagrant offender suspected of assaulting C, as prescribed in paragraph (1) by the police officer E, at the location set forth in paragraph (1) of this Article, at the police station, at the location set forth in paragraph (1) on September 20, 2015; and (b) was transferred to the luminous Police Station from the back seat of the patrol police station; (c) “I am fch. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

Accordingly, the Defendant damaged the goods used by public offices as above, and obstructed police officers’ legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A damaged photograph;

1. Previous records: Criminal records, investigation reports (Attachment of the same kind of ruling), and application of statutes governing the judgment;

1. Article 260(1) of the Criminal Act (the point of violence) and Article 136 of the Criminal Act concerning the crime.

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