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(영문) 서울남부지방법원 2013.12.11 2013고단3969

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2013, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) committed assault against those walking along the way without any justifiable reason, and (b) took an inquiry about whether he/she committed assault from F details belonging to the Seoul Young Military Police Station E District, which called out after receiving 112 reports; (c) and (d) continued to be arrested as a flagrant offender, the Defendant obstructed the police officer’s 112 reporting duties and lawful performance of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of investigation report (a summary of the F phone statement made by a police officer) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (i.e., that the defendant reflects his mistake, that there is only one time of a fine, and that one million won has been deposited for the above F);