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(영문) 서울중앙지방법원 2019.03.21 2018고단7851

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2018, the Defendant: (a) around 11:10 on July 20, 2018, the Defendant: (b) committed assault against the victim’s clothes and shoes brought about at the house of the victim C (nivers, 27 years old); (c) was tightly harming the victim; (d) was tightly harming the victim; and (e) was plucked by plucking up the victim’s knive hand; and (e) harming the right hand hand.

2. On July 20, 2018, at around 11:20 on July 20, 2018, the Defendant: (a) stated that the Defendant was able to arrest the Defendant as a flagrant offender; (b) the circumstances leading up to the Seoul Western Police Station D District D District; (c) the police officer; and (d) the police officer, who was dispatched to the scene after receiving a report of 112 at the place specified in paragraph (1); and (c) stated that “the Defendant was able to arrest the Defendant as a flagrant offender; (d) the Defendant f and patrolman of the said horse F and G with the view of “the Defendant f and patrolman,” and (e) took a bath to “the Defendant, she will not only she will do so. I do so.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, E, C, and F;

1. Application of H’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the Defendant seriously assaulted a female-friendly Gu in which he was dead; (b) the Defendant interfered with the performance of official duties while assaulting several police officers dispatched therefrom; (c) there is no past record of criminal punishment prior to the instant case; (d) the Defendant has a profoundly reflected in the mistake; and (c) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (d) the circumstances after the crime,