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(영문) 서울북부지방법원 2015.01.09 2014고단3647
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 1, 2014, at around 05:45, the Defendant was a kniver on the head of a passenger car set that he friend B and driven by B, and the above B was under the influence of drinking from police officers, and arrested as a flagrant offender, and was broken off to the patrol vehicle.

The Defendant, at the lower seat of the patrol police station, committed an assault, such as plucking, plucking, plucking, plucking, etc. of the F’s arms by cutting off the flaps to the flaps of the Seoul East Police Station D police station, which carried with the above B at the lower seat of the patrol police station, and cutting off the part of the E’s right shoulder by tearing, cutting off, and walking off the part of the E’s flaps by hand, and cutting off the flaps from the slopeF belonging to the Seoul East-gu Police Station D police station.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the accused is pening his mistake, the fact that the accused appears to be a contingent crime committed under the influence of alcohol, the degree of violence, the history of crime, etc.);

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