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(영문) 서울동부지방법원 2013.05.16 2013고단822

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On April 8, 2013, around 22:33, the Defendant arrested a flagrant offender to police officers belonging to the Songpa Police Station C District, around 22:50 on the same day, on the grounds that the Defendant assaulted a taxi engineer on the front side of department stores.

On April 9, 2013, at around 00:41, the Defendant was waiting for a criminal investigation of the Songpa Police Station located in Songpa-dong 9, Songpa-gu, Seoul and the suspect protection seat, and the Defendant attempted to go beyond the protective seat, and was staying on the wall by the above criminal and police officers.

Accordingly, the Defendant exceeded his clothes, and laid down his clothes, and tried to extract a pole which enables him to scam and scam the chair, and scam the scam to scam the scam to scam. The Defendant took photographs to scam the above criminal and the scambling D (30 years of age) with the view that “I scam to scam, scam,” and continued to scam the suspect’s scam to the e (56 years of age) and the scamf (46 years of age) on several occasions, and applied to E (56 years of age) who continued to scam the suspect’s scam to receive it.

Accordingly, the defendant assaulted police officers D, E, and F, thereby hindering police officers from performing their legitimate duties concerning criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. Each written statement of G, D, F, and E;

1. Application of Acts and subordinate statutes to investigation reports;

1. 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2(1) of the Criminal Act: (a) the Defendant deposited KRW 500,00 for the purpose of sentencing the police officer D; (b) the Defendant has no record of committing a crime for the performance of official duties; (c) the Defendant divided his mistake; and (d) the Defendant’s mother and minor child.