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(영문) 서울북부지방법원 2017.08.09 2017고단2266
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2017, the Defendant: (a) on May 27, 2017, 19:00, while driving a taxi and arrived at the D police station door around May 27, 2017 in order to avoid disturbance, such as taking a bath after getting on the C taxi operated by B at the Hayang-si, Namyang-si, and taking a bath without any justifiable reason.

In front of the early front of the Seoul E police station located in the front of the above day, the Defendant: (a) laid the taxi at a taxi without any particular reason; and (b) laid down the taxi in front of the first place of the police station located in Seoul E, and, without any justifiable reason, (c) f in front of the day during which he was working in the first place of the taxi; (d) f in the first place of the taxi, “I am dead. I do so. I do so.” (e.g., f., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f., f., and f., f., f., f., f., and f., f., f., f., and f., f., f., f., f..

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Investigation report (Investigation conducted on a wooden B telephone);

1. Investigation report (the photograph of a person to whom he/she assaultss the victim by capturing the victim);

1. Investigation report (Submission of a medical certificate of injury);

1. Application of Acts and subordinate statutes to report on investigation (report on the conduct of telephone investigation against victim F);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The offense of harming a public official by assaulting a public official without a reason other than the sentencing criteria for each sentence (the sentencing criteria are not applicable to crimes of ordinary concurrent crimes) is bad, the injured person does not want the punishment of the defendant in agreement with the injured person, and the driving of drinking.

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