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(영문) 서울남부지방법원 2014.09.23 2014고단2735
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

1. On July 5, 2014, at around 02:30 on July 5, 2014, the Defendant appeared to witness that: (a) the police box belonging to the Seoul Yeongdeungpo-gu Seoul Yeongdeungpo-gu Police Station C police station, which was dispatched after receiving a report of 112 in light of the circumstances where the Defendant was scambling between the distribution-related parties of the cowday and the users of the store due to disputes, such as the contract issues of the store located in the third floor waiting room of the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

Accordingly, the Defendant, at his own interest, committed assault to the above D, by stating that “I am to see whether I am, I am to see it, I am to am dead, I am to am dead,” and assaulting the police bomb with the above D’s uniforms attached to the police her uniforms, and wearing a trace of it.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers in uniform.

2. The Defendant, at around 03:00 on the same day, arrested a flagrant offender on the grounds of paragraph (1) within the police box located in Yeongdeungpo-gu Seoul Metropolitan Government, and escorted to the above police box, and transferred the police box to the police officer F who belongs to the Seoul Yeongdeungpo-gu police box as a flagrant offender committing

The Defendant transferred the foregoing F and F police officers, and was sitting in the instant police box, and assaulted by the tabler who was kept in the container itself, against the right side of the F Fbucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the suspended execution [the scope of recommending punishment] shall be the obstruction of performance of official duties.

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