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(영문) 서울북부지방법원 2018.12.19 2018고단1833

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

around 00:04 on March 25, 2018, the Defendant was arrested as a flagrant offender in front of the Seoul Nowon-gu Police Station type and the office on duty in Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, and assaulted C (36 years old)’s face to the police officer of the Seoul Nowon-gu Police Station B police unit, who was the police officer of the Seoul Nowon-gu Police Station, while being arrested as a flagrant offender and waiting for the locking.

As a result, the defendant had been on the part of the above victim C in need of approximately one week medical treatment.

As a result, the defendant interfered with legitimate execution of duties of police officers on the prevention and investigation of crimes, and at the same time injured the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Statement of opinion;

1. Application of CD-related Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. According to each evidence on the legality of performing his/her duties, around March 24, 2018, the Defendant expressed a desire to a police officer called out after receiving 112 report in front of E on the street located in Seoul Special Metropolitan City, Nowon-gu on March 24, 2018, and the police officer demanded the Defendant to present his/her identification card or reveal his/her personal information, but the Defendant refused to do so, and the police officer notified the Defendant of the so-called doctrine and arrested the flagrant offender on the charge of insult.

According to the above facts, it is legitimate for police officers to arrest the defendant as flagrant offender.

2. According to each of the above evidence of the crime of injury, the victim was faced with shesheshel and she was faced with the victim's face after the defendant received the victim's face with his/her head. The victim was treated by a member of the FIO on February 26, 2018 because he/she did not sit with his/her face and cannot have a pain, and there is a face for about one week.