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(영문) 서울남부지방법원 2018.02.06 2017고단3733
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On August 26, 2016, the Defendant was sentenced to five months of imprisonment with labor for obstructing the performance of official duties in Seoul Southern District Court, and completed the execution of the sentence on November 26, 2016.

On July 15, 2017, around 03:57, the Defendant: (a) assaulted the said people in the “E” ran tavern located on the second floor of the building D in Gangseo-gu Seoul Metropolitan Government; (b) assaulted the said people while entering into a dispute with the said week F and customers G; and (c) was arrested by the police officers belonging to the Seoul Western Police Station, including the police officers I, who called out after receiving a report from the wounded, on the part of the Defendant.

As above, the defendant listens to the purport that the above I would “by means of objection and control,” while arresting a flagrant offender as above, the police officers at the scene take a bath to the above I on the ground that the police officers at the scene are arrested by taking their horses without hearing their horses, and take the above I’s left knee on one occasion, and if they act, they may interfere with the execution of official duties.

He received a warning to the effect that he is n.h., he would walk kneee on the left side of the above I due to his own car, and thereafter, he assaulted the above I's left side knee on one occasion, even though the above I again sent a warning as above.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. A witness I and each legal statement in G;

1. Partial statement of the witness F;

1. CCTV images;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation by the prosecution (verification of the fact that repeated crimes are being committed and records of interference with the performance of the same kind of official duties) and application

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes

1. Summary of the assertion

A. The Defendant did not assault police officers I as stated in the judgment.

(b).

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