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(영문) 서울중앙지방법원 2017.03.24 2017고단655

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 17, 2017, from around 00:50 to around 01:15, the Defendant: (a) took a bath on the roads in front of D Mart located in Gwanak-gu in Seoul Special Metropolitan City; (b) took a drunk to the F taxi of a victim E driving in the influence of alcohol without speaking at the destination; and (c) was requested by the victim from the taxi stopping on the front of the said high school, prior to the said high school, the Defendant refused it for 20 minutes; and (d) obstructed the victim’s taxi business for 25 minutes by force.

2. Following the crime of paragraph (1) of the above Article, the Defendant: (a) took a bath to the victim’s H, who was a policeman belonging to the Gwanak-gu Police Station G police box called the victim’s Haak-gu, who was called out after receiving a report of the above E- 112 on the front of the above elementary school; (b) took a bath to the victim’s left part of the victim’s drinking eye, with the victim’s escape from the victim’s Haak-gu Haak.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports, and at the same time, the victim was inside the left-hand side in need of medical treatment for about 181 days and the pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. As to the defense counsel’s assertion of defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes

However, in full view of the circumstances such as the background of the instant crime, the circumstances before and after the instant crime, and the Defendant’s behavior at the time of the crime, etc., the Defendant is recognized as having engaged in drinking in a quantity that is larger than that of ordinary liquor, but thereby, has different objects or decided thereon.