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(영문) 서울남부지방법원 2014.06.12 2014고단1607
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

Punishment of the crime

1. On May 10, 2014, around 13:15, 2014, the Defendant: (a) was placed in front of the restaurant operated by the Defendant, and was placed in front of the restaurant run in Guro-gu Seoul, Seoul; (b) was required to inquire about the identity of the owner of the vehicle parked in the police assistant D, who was called the victim after receiving a report.

Accordingly, the victim issued a Stick and cannot identify the personal information only with the number of the motor vehicle and inform the victim of the fact that “the victim is unable to use the Stick to identify the personal information” is a public official of the same kind with the victim’s 10 persons, such as the above borrower’s defect, and the victim’s humping out the victim.”

2. The Defendant took a bath at the date, time, and place of the foregoing Paragraph (1) above, and the Defendant took a bath to restrain the Defendant, who is a police officer belonging to the C police box, and the Defendant took a bath to the above police officer, and interfered with the police officer’s legitimate performance of duties concerning the maintenance of order by assaulting E twice the chest part of his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Articles 136 (1) and 311 of the Criminal Act concerning facts constituting an offense. Article 136 (Selection of Imprisonment with Labor);

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

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (the confession of a criminal act and the misunderstanding is divided, there is no previous violation, and all other circumstances such as motive for the criminal act);

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