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(영문) 서울북부지방법원 2015.09.11 2015고단2713

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 27, 2015, at around 23:15, the Defendant did not get off the remaining taxi under the influence of alcohol even after having arrived at the destination at the front of the Seoul Jung-gu Seoul Metropolitan Government, thereby allowing H and assistant I to get the Defendant to get off the taxi at the request of a taxi engineer.

The Defendant: (a) carried a taxi away from the taxi in the taxi with the string of money and a mobile phone; (b) carried his cell phone and bags on the floor; and (c) carried the taxi with his own cell phone and bags, and (d) took the strings, such as J, etc., the Defendant said the victim I to read the victim I as “hing out walk, walk, walk, and walk,” and the victim I and the victim H to read as “hing, sending, walking, walking, and walking,” and the victim I and the victim H.

The Defendant assaulted the tobacco continuously in possession of the Defendant at the end of the above H, the face of H one time, the body of H with its body sealed, and the h’s chests at the hand floor once. The Defendant said that “I am friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend,” and “H friend, friend, friend, friend, friend, frid.”

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers with respect to the patrol duty of H, and insultd the victim I and the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to accusation and photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is the basic area of obstruction of performance of official duties (the scope of recommendation).