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(영문) 서울동부지방법원 2014.10.23 2014고단1301
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 20:40 on May 11, 2014, the Defendant: (a) expressed a desire to hear the statement concerning the circumstances of the instant case by E, security guards belonging to the D District Police Station of Gangdong-gu Seoul Metropolitan Government, which was dispatched to the site after having received 112 reports; (b) “The Defendant spawn the above E’s shoulder into its face and spawn it into its face; and (c) removed the above G rank by hand.

The Defendant continued to keep up with the shoulder of the above F, which prevents it, and assaulted the chest of the above H.

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. Partial statement of the defendant;

1. Each legal statement of witness E, G, F, and H;

1. Each police statement of E and G;

1. Application of the F and H respective Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area of obstruction of the performance of official duties (6-1-4 months) (the special person in charge of obstruction of the performance of official duties) [decision of sentence] The crime of this case is a crime of assaulting a police officer dispatched by the defendant upon receiving a report of a traffic accident and obstructing the performance of official duties. The defendant was punished as a fine for the same kind of crime in the past, and there was a record of punishment as a fine for the offense of insult of a police officer, and the fact that the damage has not been recovered is disadvantageous to the defendant.

However, the fact that it is difficult to see that the degree of violence is very serious is favorable to the defendant.

The defendant reported as a victim of a traffic accident, but the defendant was not treated properly.

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