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(영문) 서울동부지방법원 2014.11.05 2014고단2588

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On April 1, 2014, at around 23:30, the Defendant reported 112 that the passengers do not get off from the taxi in the shooting distance of the building area located in the Ablux in Gwangjin-gu, Seoul Special Metropolitan City, the Defendant recommended the Defendant to get off from the taxi, attached the Defendant’s arms, attached the face of the above D, and assaulted twice twice as follows: < Amended by Presidential Decree No. 25174, Apr. 1, 2014; Presidential Decree No. 25174, Apr. 1, 201; Presidential Decree No. 25068, Feb. 2, 2006>

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on photograph of violence damage;

1. Article 136 (1) of the Criminal Act applicable to 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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Punishment of Violences, etc. Act, in addition to the punishment of a fine of 700,000 won,