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(영문) 서울북부지방법원 2016.05.19 2016고단1112
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 April 1, 2016, the Defendant interfered with the performance of official duties in front of the multi-family house under the name of the “D” located in the Seoul Jung-gu Seoul Metropolitan Government, which is a “D”, and the Defendant gets out of the wall with sound and brickd.

"A police officer of the Seoul Southern Police Station E District, who was called upon the report of 112, requested the defendant to present his identification card in order to issue a penalty payment notification against the defendant in violation of the Punishment of Minor Offenses Act". "A spite, spite, and frane the face of the above F, and assaulted the F in his hand."

Accordingly, the Defendant interfered with the police officer’s legitimate execution of duties on the protection of property of the people and the maintenance of public peace and order as above.

2. On April 1, 2016, at around 16:40, the Defendant damaged public goods: (a) was arrested and detained as a current offender for the foregoing reasons at the Seoul Jungdong Police Station E District District in Jungdong-gu Seoul, Seoul for the said reasons; (b) the Defendant dumped and dumped the mold of the market price of ED type light that was faced with the ceiling.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A damaged photograph;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties) and 141(1) (the point of damaging goods for public use) of the Criminal Act, and the choice of imprisonment 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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of punishment recommended according to the sentencing criteria; and

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