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(영문) 서울서부지방법원 2018.05.15 2018고단720
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From around 03:06 to 03:30 the same day, the Defendant: (a) received a report from Eunpyeong-gu Seoul, the Eunpyeong-gu Seoul, 182-20 as a flat tunnel; (b) on the street in front of the Dong, Flame, Flame, Flame, A; (c) received a 112 report from a slope C belonging to the Seoul Western Police Station B forces of Seoul, Seo-gu, Seoul, to the effect that he was under influence of alcohol during the dispute with his female-friendly Gu; and (d) received a recommendation for returning home from a slope C belonging to B forces of the Seoul Western Police Station; (b) whether the police officer was assigned;

In doing so, it was assaulted, such as flabing C’s breath by hand, while taking a bath for Chewing flabing.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Damage to goods for public use;

A. The Defendant, at the time, at the place specified in paragraph 1, destroyed KRW 42,00 of the repair cost by saluting the D patrol salton at his hand, on the ground that the salton C belonging to the Seoul Western Police Station B police station would have the Defendant return home to the Defendant, and damaged the repair cost to KRW 42,00.

B. From 03:35 to 04:10 on the same day as the preceding paragraph, the Defendant, within the police station B district unit of the Seoul Western Police Station located in Eunpyeong-gu, Seoul, Seoul, thereby damaging the Defendant’s string up to 50,000 the market price at which the police officers were above, on the ground that the police officers were not taking their horses.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The criminal place;

1. Notification of the department related to the report in the 112 case, application of Acts and subordinate statutes to the patrol vehicle's ray damaged photo, picture of destruction of fire parts, wave photographs, guidance within the jurisdiction, chemical decentralization photographs, copy of the work site (one team night), written estimate, written estimate, and written estimate to the patrol vehicle;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) 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 of the Criminal Act:

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