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(영문) 서울중앙지방법원 2018.07.27 2018고단3538

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 00:45 on March 22, 2018, the Defendant paid the drinking value at an amusement shop located in the first floor located in Gwanak-gu, Seoul Special Metropolitan City B, and assaulted the victim C (3 years) (43 years) with drinking expenses, without any particular reason, by drinking the victim’s head.

2. The Defendant interfered with the performance of official duties at around 00:58 around March 22, 2018, and on the grounds that the Plaintiff, at around 00:58, reported at around 112, the head of the police officer’s left head of the said police officer was at one time, on the ground that the Plaintiff, the head of the police officer’s D District Party E, Seoul, which called out after receiving 112, attempted to deprive the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of C’s written laws and regulations

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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 stay of execution (the confession and the fact that there is no previous conviction in the same kind);