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(영문) 서울북부지방법원 2014.10.30 2014고단2356
공무집행방해등
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

1. Around 08:30 on June 22, 2014, the Defendant rendered patrol services in the vicinity of the marina, such as having been engaged in patrol services in front of the “D” convenience store located in the Gangnam-gu Seoul Metropolitan Government, and having been urged by the victim G (the age of 48) who is the police officer, and the victim H (the age of 24) who is the police trainee, to use another taxi, while taking part in patrol services in the vicinity of the marina, and having been urged by the victim G (the age of 48) who is the police officer, to provide assistance from the victim H (the age of 24) to take part in patrol services in the vicinity of the horse, the Defendant: (a) heard that the victim might be subject to control by the violation of the Punishment of Minor Offenses Act from the above G; and (b) see that several persons, such as the above E and the passage of the taxi, are publicly huming the victims, such as humping, humping, etc., to the victims.

2. On June 22, 2014, at around 08:55, the Defendant: (a) obstructed a disturbance, such as taking a bath as above; and (b) arrested him as an offender in the crime of insult; (c) assaulted the chest part of the G police box, while the police box was in charge of the crime of insult.

Accordingly, the defendant interfered with the police officer's duty to report and arrest of flagrant offenders.

3. When the Defendant was arrested as a flagrant offender in the crime of insult at the time, place, and as mentioned above, the Defendant assaulted the victim H’s chest part as the police trainee twice as drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of H and G;

1. Application of each statute on filing of a complaint;

1. Articles 136 (1), 260 (1), and 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. There is no special criminal record of sentencing under Article 62(1) of the Criminal Act.

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