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(영문) 서울중앙지방법원 2017.06.21 2017고단1753

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On March 5, 2017, at the front side of Dongjak-gu Seoul Metropolitan Government, the Defendant: (a) committed an act of assaulting the F, G, and slope H, a police officer belonging to the police unit of the Seoul Dongjak Police Station E-gu, Seoul, about to arrest the Defendant as a current offender and to take the patrol at the vehicle; (b) assaulting the F’s right-hand bridge part of the F, by taking a bath to the said police officer; (c) f, G, and slope H, a police officer belonging to the police unit of the Seoul Dongjak Police Station E-gu, called the Defendant under the influence of alcohol; and (d) assaulting the said police officer to walk the F’s right-hand bridge part; (d) f, with G’s hand kne, with G’s hand kne.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order of police officers and the handling of 112 reported cases.

2. Around 01:10 on March 6, 2017, the Defendant: (a) arrested a flagrant offender as described in paragraph (1) at the Seoul Dongjak-gu Seoul Police Station E District; and (b) requested the victim J, who is the police officer, to unsatise the lock; (c) but was refused to demand the Defendant to unsatise the lock; (d) the police officer, who was working in the situation at the place; and (e) the police officer, such as D, K, and L, in the presence of a large number of people, such as D, witness, and witness L; and (e) whether the victim ‘satise,’ was sold to the victim; and (e) whether the police officer was the police officer;

"Death and discarded," such as "the death and discarded," was taken a bath.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement concerning J, F, G, H, and L;

1. Written complaint by J;

1. Application of Acts and subordinate statutes to a site dispatch report and opinions;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, Selection of imprisonment), and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of insult and choice 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 suspension of execution (Considerations, reflects, and points without the same force);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;