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(영문) 서울남부지방법원 2017.04.19 2016고단5956

공무집행방해등

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

Reasons

Punishment of the crime

around 20:45 on November 23, 2016, the Defendant assaulted a police officer’s face at the Yangcheon Police Station C police box in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a view to committing an act of assault, such as Paragraph 1, while arresting a flagrant offender, and waiting for the police officer, the Defendant 201. The Defendant assaulted a police officer D’s face at the Seoul Yangcheon Police Station C police box affiliated with the Seoul Yangcheon Police Station C police box, which prevents the police officer from committing an act of assault.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

around 15:30 on November 23, 2016, the Defendant interfered with the management and administrative handling of the victims’ hospital by force for about 40 minutes, on the ground that the employees of the H hospital, including the victims, who work for the victim F in Yangcheon-gu Seoul, and the victim G, do not interfere with the patient’s hospital management and administrative handling of the victims by force, on the ground that the employees of the H hospital, including the victims, were not able to have the victims treated themselves.

Summary of Evidence

"2016 Highest 5956"

1. Statement by the defendant in court;

1. Statement of each police statement made to patrolmen D;

1. Photographss of victimized police officers, fryphographs of dynamic images, 2016, 597;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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 suspended execution;

1. The execution of a sentence is suspended considering the following: (a) the observation of protection; (b) the order to provide community service and undergo education pursuant to Article 62-2 of the Criminal Act leads to the confession of a criminal defendant; (c) the circumstances leading to the crime; and (d) the degree of damage; and (c) the sentencing conditions, such as the criminal records, the circumstances after the crime, and the family environment, were considered.