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(영문) 서울남부지방법원 2016.03.23 2016고단325

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On January 29, 2016, around 21:55, the Defendant: (a) expressed desire to C without paying any fee, despite having arrived at a destination, on the top of the High Sea Sea, Guro-gu, Seoul, 431, Ma-ro, Guro-gu, the Seoul Metropolitan Government (Seoul), D taxi operated by C, which is a taxi engineer, as a passenger; (b) expressed desire to C without paying any fee, and (c) reported C to 112.

The Defendant, upon receiving a 112 report and being notified of the payment of taxi fares and returning to Korea from F, the police officer belonging to the police station E District in Seoul, Guro-gu, Seoul, Police Station, who was dispatched to the scene, was publicly insultingd by the victim with the said taxi engineer, the police officer called together with the victim, G, and the victim, who was in fluencing, “c sponse, flue, flue, flue, and flue flue flue.”

2. On January 29, 2016, the Defendant obstructed the performance of official duties within the E District of Seoul, Guro-gu Police Station in Guro-gu, Seoul, and was arrested as a flagrant offender under the suspicion of insult as referred to in the above paragraph (1) and transferred to the said district, and was investigated, the Defendant obstructed the Defendant’s legitimate performance of duties concerning the prevention and investigation of the crime of the above police officers by taking the hacker’s back with the hacker’s left hand in the course of the investigation. The Defendant interfered with the F’s right-hand knife of the hacker, knife with the right-hand knife of the F in the course of the investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes of the I;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act