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(영문) 서울북부지방법원 2014.05.15 2014고단942
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On April 9, 2014, around 03:30 on April 9, 2014, the Defendant: (a) deemed that he was aboard the drinking taxi in front of the D market located in Dobong-gu Seoul Metropolitan Government, and was “a person to a police box,” without any justifiable reason, and (b) took the police box in the same way, and (c) took a public bath.

In order to protect a master and maintain order in the front of the F box, the Defendant saw that he was able to help by asking the shot G with the shot of “Ye, packer pack pack pack pack packk,” and applied the hack of H’s face face, which was taken by the Defendant, to the shot G with the shot G.

이에 피고인은 경사 G에게 공무집행방해 혐의로 현행범인 체포되어 도봉경찰서 형사과로 인계되기 위하여 순찰차의 뒷좌석에 탑승하는 과정에서 발로 G의 이마 부위를 걷어찼다.

As such, the Defendant assaulted G and H, a police officer, and obstructed the police officer’s legitimate performance of duties in relation to the protection and maintenance of order, criminal investigation, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and H

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the support of a pregnant woman who has inconvenience in living together, the fact that he/she has no record of committing the same kind of crime due to the crime committed while in prison, the confession and the fact that he/she seriously reflects the crime, and the situation of detention pending trial for a certain period

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