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(영문) 서울남부지방법원 2017.06.07 2017고단1261

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2017, around 21:05, the Defendant reported a crime to Seoul, Guro-gu Police Station, Seoul, Seoul, which was located in Guro-gu, Guro-gu, Seoul, 235, on the street, and the Seoul, which was working in the first place at the Seoul, Guro-gu, Seoul, Seoul, Police Station B, who was working at the police station B (21:3).

CCTV를 봐야 한다’ 고 이야기하여 위 C이 피고인에게 범죄 신고 접수절차를 설명하였으나 이를 듣지 않고 화를 내면서 C에게 욕설을 하고 손으로 C의 멱살을 잡아 흔들고 발로 C의 배 부위를 걷어찼다.

As such, the Defendant interfered with the legitimate execution of duties by police officers C concerning the maintenance of order.

2. The Defendant interfered with the legitimate performance of duties by police officers C, such as the date, time, place, and the time, place described in the preceding paragraph, and the same, and reported 112, and the police officers affiliated with the D District Unit of Seoul Police Station asked the Defendant questions, and upon questioning the Defendant, the Defendant was faced with the face of E by his head while threateninging the above E by drinking the principal and taking a bath.

As such, the Defendant interfered with the legitimate performance of duties concerning police officers E's crime prevention and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement - Photographs of the police against C;

1. Statement made by the police for E;

1. Application of the F and written statements to the Acts and subordinate statutes;

1. Relevant Article 136 (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. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant is divided, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.