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(영문) 서울중앙지방법원 2017.05.11 2017고단1797
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 5, 2017, around 02:52, the Defendant suffered interference with the performance of official duties and injury in front of the Seoul Arts High School located in the Southern-ro, Seoul Special Metropolitan City, the Southern-ro, Seoul Special Metropolitan City, 247-gil 26-gil, from the victim D (33 years old), etc., a police officer of the Seoul Yak Police Station C District patrol 4 Team, who was dispatched to the site after receiving a report of 112 during the influence of alcohol, and was called "the buckbucks, etc.", and the victim D (33 years old), etc., who was a police officer of the Seoul Maak Police Station CJ 4 Team. On the other hand, when considering the face side of the above D one time in drinking, the bucks, etc., cut to the right side of the above E, and continued to stop from the buck E.

그 후 피고인은 같은 날 04:30 경 위와 같은 공무집행 방해로 인해 현행범인 체포되어 서울 관악 경찰서로 인계되어 오던 중, 순찰차량 안에서 피고인 옆에 앉아 호송 업무를 수행 중인 순경 F의 얼굴에 침을 뱉고, 계속하여 위 경찰서에 도착한 후 순찰차량에서 내리지 않으려고 반항하며 위 F의 얼굴 부위를 발로 2회 걷어찼다.

As a result, the Defendant assaulted the above D, E, and F, interfered with the police officer's legitimate performance of duties concerning the maintenance of order and criminal investigation, and at the same time, caused the victim D to "the left-hand cleep and inspection team" requiring approximately two weeks medical treatment.

2. On March 5, 2017, around 04:55, the Defendant damaged public goods by impairing their utility, such as making it difficult to see that the Defendant was arrested at the criminal team waiting room toilets of the Seoul Gwanak Police Station in Gwanak-gu, Seoul Special Metropolitan City, Gwanak-gu, Seoul, and 22-ro, 5:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to D, E, F, and H;

1. The photographs of the Defendant and police officers, the 112 Report Processing Schedule, the investigation report (No. 9, 10 of the evidence list), and photographs attached thereto (No. 9, 10 of the evidence list), and the investigation report (CCTV image analysis).

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