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(영문) 서울서부지방법원 2016.12.21 2016고단620
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 00:30 on December 4, 2015, the Defendant, “D” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, 112, was drunk and boomed by plucking, plucking, plucking, selling, and strongly cut F’s hand at the seat of “D” located in Yongsan-gu, Seoul, and f’s chest was pushed off to F, “I am, I am, I am, I am, I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.).

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to the maintenance of order.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes of one video CD;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. According to the facts charged regarding the argument that an order to attend a lecture or an order to provide community service constitutes a justifiable act under Article 62-2 of the Criminal Act, even if the facts charged were to be determined, the F had the Defendant withdraw from the main place and returned home, etc., and the Defendant was not arrested as a flagrant offender in the crime of interference with business, and the Defendant did not have been arrested as a flagrant offender in the crime of interference with business. Thus, it is not determined separately as to the argument that the arrest of a flagrant offender was illegal

12 The act of police officers called up upon receipt of a report by F to get a defendant's body and move out of the main office or to have the defendant return home for the safety and smooth operation of the defendant's main office constitutes legitimate execution of official duties. The defendant assaulted a police officer under legitimate execution of official duties.

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