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(영문) 서울남부지방법원 2018.03.29 2017고단5934

공무집행방해

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2017, around 00:45, at the D parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant carried a pedal to E working at the said parking lot. On October 20, 2017, the police officer G belonging to the Seoul Yeongdeungpo-gu Police StationF, Seoul, who was called upon 112 after receiving the report, led the Defendant, and the Defendant took an attitude that he would turn the right upper part of G on the left part of G at one time, and that he would turn the taxi keys between his hand and his hand.

As such, the Defendant assaulted and threatened police officers G to interfere with legitimate performance of duties concerning G crime prevention and investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol of the police;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the defendant has no criminal history of the same kind of crime, and the degree of violence is not serious);

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