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(영문) 서울남부지방법원 2018.02.21 2017고단5662

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 12, 2017, the Defendant: (a) around 22:40 on September 12, 2017, at a restaurant for D articles located in Yangcheon-gu Seoul Metropolitan Government C; and (b) on the side table table table for drinking alcohol.

E and the police officer G and H called the Defendant to be arrested as the current offender of the instant assault case by sending out the police officer G and the police box affiliated with the Seoul Yangcheon Police Station F for which the report was received, and thereby, the Defendant was arrested as a flagrant offender who was arrested by H from the right buckbbbbs, and the Defendant was arrested as a flagrant offender and was on board the patrol vehicle, and the Defendant was on the back head of H’s bucks.

As such, the Defendant assaulted police officers G and H, thereby obstructing police officers from performing their legitimate duties in relation to criminal investigations.

2. 피고인은 2017. 9. 12. 23:20 경 서울 양천구 I에 있는 서울 양천 경찰서 F 파출소에서, 제 1 항과 같이 현행 범인으로 체포되어 의자에 앉아 있다가 갑자기 자해를 시도 하여 F 파출소 소속 경찰관 H이 이를 제지하자, H의 얼굴에 침을 뱉고, 발로 H의 다리 부위를 3회 걷어 찼다.

As such, the Defendant assaulted police officers H and interfered with the legitimate performance of duties regarding H’s criminal investigation, maintenance of order, etc.

3. 피고인은 2017. 9. 12. 23:45 경 서울 양천구 I에 있는 F 파출소 앞 노상에서, F 파출소 소속 경찰관 J 등이 피고인을 서울 양천 경찰서 형사 과로 호송하려 하자 이에 저항하면서 발로 J의 배 부위 및 오른쪽 얼굴 부위를 각 1회 씩 걷어찼다.

As such, the Defendant assaulted the police officer to interfere with the legitimate execution of official duties in relation to the investigation of crime by J.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, J and G (victim);

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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 Competition. Article 50 (Mutual Obstruction of Execution of Official Duties by H and G);

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.