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(영문) 서울서부지방법원 2015.06.09 2015고단977

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 April 23, 2015, at around 13:15, 2015, the Defendant expressed the victim’s desire to “I ambling without paying a proxy fee to a proxy engineer” on the ground that the victim E, a police officer affiliated with the police box of Eunpyeong-gu Police Station D, called “I ambling, I ambling, I ambri, I ambri, I ambri, I ambri, I ambri, I ambri, I ambri, I ambri, I ambri, I am ambri, I ambri, I ambri, I ambri, I ambri, I ambrith, I ambrith, I ambrith, I ambrith, I ambrith, I ambrith, I ambrith in the victim’s face.”

Accordingly, the Defendant insultd the victim publicly while the victim’s police officers F, the proxy engineer, and the criminal actors observe the victim.

2. The Defendant committed violence, such as: (a) the police officer E and F on board the patrol vehicle to leave the scene; (b) obstructed the course by blocking the patrol vehicle; (c) obstructed the Defendant from leaving the patrol vehicle; and (d) interfered with the above E’s passage by hand; (b) attempted to arrest the Defendant as a flagrant offender committing the crime of obstruction of performance of official duties; (c) the foregoing E and F were to arrest the Defendant as a flagrant offender committing the crime of obstruction of official duties.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. G statements;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs of injuring police officers;

1. Articles 311(1) and 136(1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant with reason for sentencing under Article 62(1) of the Criminal Act shall serve as a public official.