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(영문) 서울중앙지방법원 2018.11.21 2018고단5984

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around September 21:46, 2018, the Defendant insultingd the victim G by referring to the police officer G, who was asked questions as to whether or not he/she threatened E with the circumstances where he/she belonged to the police box in Seoul, which was dispatched after receiving the report of 112 of E due to the act of intimidation on the E working in the D dan at the front of Jongno-gu Seoul Metropolitan City, Jongno-gu, Seoul, Seoul, to the extent that he/she was subject to questioning of the fact of intimidation from G during the process where he/she was affiliated with the police box in Seoul, and who was reported by a majority of his/her name in secret.

2. On September 21, 2018, at around 21:48, the Defendant: (a) knew of the fact that he/she was waiting at the F box located in Jongno-gu Seoul Jongno-gu Seoul for the statement of damage to E in the box; (b) carried out the box “whether he/she is a crime of intimidation,” and (c) carried it out to E. However, as he/she was removed from G during the process of carrying out the box, he/she endeded the victim G’s shoulder by hand; and (d) assaulted the victim I’s chest and the part of the neck, each by hand, who is the circumstance where the Defendant continued to control the Defendant.

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning prevention, suppression and investigation of crimes, and protection of victims of crimes.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes in the respective statement protocol G and I;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (the crime during the suspension period of the execution of the same sentence);

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;