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(영문) 서울서부지방법원 2017.11.15 2017고단2755
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 00:20 on August 2, 2017, on the ground that C, who is a second time in front of Mapo-gu Seoul, was clicker without a brucation, the Defendant was subject to assault by police officers E belonging to the Seoul Mapo Police Station Down-gu Seoul Police Station, who patroled the above clicker on the ground that C is a second time in front of Mapo-gu Seoul, and was clicker.

Nevertheless, the Defendant, while intending to assault C continuously due to breath under the influence of alcohol, committed an assault by having the face of the above E, which re-dominateds it one time by hand, teared the upper part of the face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and restraint of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the part of a police officer who assaults a victimized police officer in light of the circumstances, such as the violation of his/her wrong mistake with regard to the part of the assaulted police officer, and the assaulting of a police officer who attempted to use such speech to commit an assault,

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