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(영문) 서울동부지방법원 2016.01.13 2015고단2397

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On July 15, 2015, at around 00:02, the Defendant was under the influence of alcohol in front of the gas station D in Songpa-gu Seoul, Songpa-gu, and was urged to return home from 112 on the site after receiving a 112 report, the Defendant crossed the path without permission by putting 40 meters off the way to the alley of the gas station in front of the gas station in Songpa-gu Seoul.

At around 00:05 on the same day, the Defendant refused to present an identification card despite receiving F’s request to present an identification card in front of the I cafeteria located in Songpa-gu Seoul Metropolitan Government, by being notified of the fact that he/she could be arrested as an offender because he/she violated Article 10(2) of the Road Traffic Act. However, the Defendant continued to refuse to present an identification card despite being notified of the fact that he/she could not present an identification card.

In order for G to arrest the Defendant as a flagrant offender, the Defendant notified the summary of the charge of the crime, the reason for arrest, and the right to appoint an attorney-at-law, and assaulted G at one time at the right hand by taking the face side of G with the floor of the right hand, with the hand of the Defendant who puts his arms, and the F plucked up, plucked up, plucked up, plucked up the face of F with the hand of the Defendant, f the face of F one time by drinking, f the right side of the working clothes of F in his hand, and caused damage to the victim F (50 years of age) for approximately three weeks on the left side of the bar in need of medical treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties, and at the same time injured the victim.

Summary of Evidence

1. Each legal statement of the witness J, K, F and G;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to photographs, diagnosis reports, investigation reports (inflictings submitted by the victim);

1. Article 136 (1) (Obstruction of Performance of Official Duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.