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(영문) 서울북부지방법원 2014.11.21 2014고단3240

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:10 on August 26, 2014, the Defendant extended a bridge to the juncular roadway in the front side of Dongdaemun-gu Seoul Metropolitan Government.

In order to be solicited to return to Korea from the reduction D in the Seoul Eastdong Police Station C District of the Seoul East-gu Police Station, which passed this place, without any justifiable reason, assaulted the border E belonging to the same district unit, such as “I am going to know the inside and walking the above D’s right bridge due to a sathoe, dead, and sound.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. On August 26, 2014, the Defendant was arrested as a flagrant offender on the grounds of criminal facts, such as those described in paragraph (1), and was connected to the C Zone located in Dongdaemun-gu Seoul Metropolitan Government F and was seated.

Assaultd a policeman G’s bridge in front of him/herself, such as walking along the bridge of a policeman G, and the above G threatened him/her with a large voice of “Isle as to be followed by one day.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 136 (1) of the Criminal Act concerning the crime. Article 136 (1) of the same Act

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

1. It shall be decided as ordered for the reasons above Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, appears to be an contingent crime committed under the influence of alcohol, and the fact that the defendant has no record of criminal punishment exceeding a fine).