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(영문) 서울중앙지방법원 2015.02.11 2014고단6073

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

Reasons

Punishment of the crime

On August 31, 2013, at around 01:25, the Defendant was subject to the traffic control by the police officer D belonging to the Seoul Gangnam Police Station, which was under the traffic control at the last place while driving a C-si in front of the exit 11 in Gangnam-gu, Seoul, Gangnam-gu, Seoul.

Although the defendant demanded the above D to issue a Stick for minor traffic offense without given marks, the defendant, as he issues a Stick on the ground of the central crime, according to D in principle, he did assaulted D, such as putting D's Heat belt into the seat of patrol knife, throwing off D's Heat, and pushed off D's knife onto the seat of patrol knife, thereby causing injury to the victim D(50 years of age) for about 21 days.

As a result, the Defendant interfered with the legitimate execution of duties by police officers, and at the same time, inflicted an injury upon the victim in need of medical treatment for about 21 days.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement by the prosecution concerning D;

1. A written diagnosis of injury;

1. A written notice of penalty payment, traffic worker service, and 112 report processing table;

1. Photographs of a police officer in charge of damage, scambling photographs, scambling photographs damaged by scamblings, scambling photographs, and video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (F telephone conversations of a shote), investigative report (statement of a shote and attachment of photographs to a witness mobile phone);

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

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 (the following grounds for sentencing)

1. Determination as to the Defendant’s assertion under Article 62-2(1) of the Social Services and Criminal Act, Article 59 of the Probation, etc. Act, the Defendant, a police officer, sought to arrest the Defendant immediately after hearing the Defendant’s desire to commit an act in the act of committing an offense, and the Defendant only assaulted the Defendant against it, and such as D.