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(영문) 서울남부지방법원 2015.10.29 2015고단3521
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

around 03:01 on July 20, 201, the Defendant: (a) requested a police officer to leave the above No. 302 from the victim E (the victim of the Jeju Western Police Station D Zone D, which was called out after receiving a report on his/her frank as a drinking day while disputing with his/her female-gu and Si guard; (b) on July 20, 2015, the Defendant: (c) stated that the above police officer E was placed at one time; (d) stated the body of the above E, “weet with the force of the party”; and (e) sealed the body of the above E, sealed the body of the above E and F, refused to leave, interfere with police officers’ legitimate performance of their duties, and sold the blue days of treatment to the victim; and (e) sold the blue days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to G and E;

1. A H statement;

1. On-site photographs and straw photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 40 or 50 of the Criminal Act (the punishment shall be imposed for the crime of injury and the choice of imprisonment shall be imposed);

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Violence (Type 1] [Special Contributor] From April to June [Special Contributor]: The grounds for mitigation (for recovery of damage): February to one year [Pronouncement] of the above Sentencing as to the above Sentencing as to the crime of injury of this case; together with the area of the punishment on the Sentencing as to the crime of injury of this case in relation of the above Sentencing as well as the area of the punishment on the crime of obstruction of performance of official duties (two to one year and four months) under the Sentencing as to the crime of injury of this case in relation of the above Sentencing; the defendant paid the amount of civil damage compensation to the victim of the crime of injury while recognizing his mistake; the defendant paid all the amount of civil damage compensation to the victim of the crime of injury; and all the conditions of sentencing as shown in the oral proceedings,

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