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(영문) 서울동부지방법원 2016.12.15 2016고단3632

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 21, 2016, at around 01:05, the Defendant obstructed the victim’s taxi operation by force, following the Defendant’s repeated from around 01:12 on September 21, 2016, by getting in the back seat of the taxi operated by the victim B in Songpa-gu Seoul, Songpa-gu, Seoul, bringing her will to the front left and walk his will, and repeated the Defendant’s desire to “whether it is much singring, singinging, and ging off,” and obstructing the victim’s taxi operation by force.

2. On September 21, 2016, around 01:12, the Defendant insultingd the victim by openly insulting the victim D, a police officer affiliated with the Seoul Songpa Police Station C District, who was dispatched after receiving the report of 112, prior to the exit of the Simdong, Songpa-gu Seoul, Songpa-gu, Seoul, with the victim of the police officer affiliated with the Seoul Song Police Station C District, who was called up after receiving the report of 112.

3. On September 21, 2016, the Defendant expressed a desire for the obstruction of performance of official duties to the police officers who were waiting to be arrested and detained as a flagrant offender within the Songpa-gu Seoul Metropolitan City Police Station C District, Songpa-gu, Seoul, and the police officers waiting to undergo an investigation.

As police officers E refrain from doing so, the Defendant committed violence on the right hand, such as cutting off the left chest of the above police officer one time, cutting off the left shoulder in the right blus of the right blus, cutting off the left shoulder once again, cutting off the speed one time to the right flusium, thereby hindering the police officer from performing his duties on the prevention and investigation of crimes, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, E, and B;

1. Application of Acts and subordinate statutes to criminal investigation reports (inspection and attachment of the body images of police officers);

1. Relevant Articles 136(1), 314(1) and 311 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 of the Criminal Act: