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(영문) 의정부지방법원 고양지원 2017.09.28 2017고단2058

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 23, 2017, the Defendant: (a) was under the influence of alcohol at a train No. 3384 located in the radius No. 1569 located in the Seo-gu, Seo-gu, Busan, Seo-gu, 1569, and (b) was found to the victim B, who was a social service worker on the train, and (c) was found from the victim B, and without any justifiable reason, told the victim B to “I am off the train at the end of operation; and (d) the victim B “I am off the train, I am dead, I will am dead,” without any reason.

The defendant continued to be expelled from the victim C, who is a social service personnel, and committed violence such as walking the victim C's bucks off several times, walking the bucks of the victim C's bucks, and making the victim's bucks off with the hand floor.

In the end, the Defendant interfered with the legitimate performance of duties by social service personnel who were on patrol in the train, and at the same time inflicted injury on the victim B such as salt, tensions, etc. which requires approximately two weeks of medical treatment, and the victim C left the left-hand straw, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes on report on internal accidents;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act requires severe punishment due to the act of light of public authority and disturbing legal order, and the defendant's act of assaulting social service personnel who were patroled in the former while under the influence of alcohol and obstructing the performance of official duties and causing injury to them.