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(영문) 서울중앙지방법원 2019.02.15 2018고단7190

공무집행방해

Text

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

The Defendant is a person who participated in an assembly for the purpose of “the opposition to the constitutional amendment of the socialist Constitution, the current regime’s bylaws, the former president’s imprisonment with labor for 30 years, and the strengthening of Korea-U.S.A.A.,” hosted by a repair organization, such as B B former president C (hereinafter “C”), from March 1, 2018.

At around 17:58 March 1, 2018, 3,000 members, etc. belonging to C, were driven in excess of the scope of report in the direction of the route of the route in front of C in Jongno-gu Seoul, Jongno-gu, and the non-member of the name was flicked by the candlelight type (3m, height, 9m, candlelight structure) of the market value of E, etc. on the passage of the entrance entrance of the May 1, 2000, which is installed on the passage of the entrance of the luminous square, and the number of participants of the assembly was flicked by the following 3m of the lower part of the above structure with the thickness of the upper part of the above structure.

피고인은 2018. 3. 1. 18:43경 위 해치마당 출입구 부근에서 위 조형물에 붙은 불을 끄기 위해 이동하는 서울남대문경찰서 F 소속 의경 G을 가로막은 후, 위 G에게 “개새끼, 죽고 싶냐”라고 욕설을 하면서 오른발로 위 G의 오른쪽 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order at the assembly site.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written confirmation of outpatient treatment (H hospital, March 1, 2018);

1. Application of Acts and subordinate statutes 1 to all the fluoric photo (related to the fluorial fluoric fluoric fluoric flus

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 200Da1548, Apr.