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(영문) 서울동부지방법원 2015.04.01 2014고단3915
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. On December 21, 2014, the Defendant: (a) around 03:00 on December 21, 2014, the Defendant: (b) under the influence of alcohol at six times the “Dnoman bank” operated by the victim C located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant removed and destroyed KRW 70,000 of the indoor repair cost.

Accordingly, the defendant damaged the victim's property.

2. On the same day, the Defendant directly requested the sending of the police officer to the Seoul Mine Police Station, which was located in Gwangjin-gu Seoul Special Metropolitan City, and accordingly, G sent the police officer to the above singing room.

At around 03:20 on the same day, the Defendant continued to interfere with the police officer to show that C et al. was damaged in the singing room, and assaulted on three occasions the chest part of his chest part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the processing of reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of H and G;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the case where the degree of assault, intimidation, and deceptive scheme is minor in the area of mitigation (one month or August) (special mitigation) of the area of obstruction of performance of official duties (one month or August), [decision of sentence] the defendant committed the instant crime in another person’s business place by taking advantage of his/her memory to the extent that he/she became aware of, and assault the police officer.

However, the defendant's depth is against the victim, and there was an agreement with the victim about the damaged crime.

Although there are several criminal records against the defendant, it is before 1997 in full.

Considering this point, this point is considered.

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