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(영문) 서울중앙지방법원 2013.06.07 2013고단666
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2012, around 23:40 on December 31, 2012, the Defendant made a call before the Seoul Gwanak-gu Seoul Special Metropolitan City C historyman or Kitter with a pedago, and committed assault, such as: (a) the police officer sent to the site after being reported 112 as a disturbance; (b) the E details and police officers posted to the site; and (c) the Defendant; and (d) the police officers sent to the site after being reported 112 as a disturbance; and (b) the police officers sent to the site, such as “whether or not the police officer so would have been doing, work or equal, and as soon as possible, the police officers sent a warning that the police officer would be punished for an insulting offense, despite having been given the police officer’s head, and was able to boom the e face of the police officer’s breath, booming his bridge, and quihing his hand.

As a result, the defendant suffered from the injury of the 28th day off and the injury of the non-alley in need of medical treatment to the Inspector E, and at the same time interfered with the legitimate performance of police officers' official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. G statements;

1. A photograph of the upper part of the body part of the victim and a medical certificate of injury of the victim;

1. Application of the Acts and subordinate statutes to capture CCTV images at the scene of occurrence;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (including the fact that there exists no past record of punishment for a suspended sentence of imprisonment or more, and deposit of 300,000 won);

1. 보호관찰 및 사회봉사명령 형법 제62조의2, 보호관찰 등에 관한 법률 제59조 양형의 이유 [유형의 결정] 폭력범죄, 일반적인 상해, 제1유형(일반상해) [특별양형인자] - 가중요소: 공무집행방해의 경우 [권고형의 범위] 징역 6월 ∽ 징역 2년(가중영역)

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