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(영문) 서울중앙지방법원 2017.07.13 2017고단3546

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 April 21, 2017, at around 01:35, the Defendant assaulted “C” restaurant located in Jung-gu Seoul Metropolitan Government, on the ground that the victim D (32 ) Chinese tourists dialogueed in the Korean language, the Defendant used the victim’s back head part in hand and handphone.

2. On April 21, 2017, at around 02:35, the Defendant: (a) arrested the Defendant on the grounds that G was arrested in flagrant offender as a criminal act, such as paragraph (1) in Jung-gu Seoul, Jung-gu E and F District; and (b) arrested the Defendant, the Defendant’s resident registration certificate was used to assault the Defendant’s face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the identification of the person under body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A copy of the work log, or a photograph of a short image interfering with the performance of public duties;

1. Application of Acts and subordinate statutes to a investigation report (the result of analyzing video data that obstructs the performance of public duties);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act, the choice of punishment for the crime, and the 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. The sentence identical to the disposition is ordered, taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act: (b) the Defendant’s mistake is divided and reflected; (c) the degree of assault and force is relatively insignificant; (d) the Defendant has no criminal record of suspended execution or more than that of the Defendant due to the same kind of crime; and (e) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances constituting the conditions for sentencing as shown in