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(영문) 서울남부지방법원 2016.07.20 2016고단1412
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 7, 2016, at around 19:45, the Defendant interfered with the performance of special public duties, received 112 reports from H that the instant church security guards carried fright at the Seoul Yeongdeungpo-gu Police Station E District Team affiliated with the Yeongdeungpo-gu Seoul Metropolitan Government Police Station, and that he was called for the Defendant, and received 112 reports that he fright frighten the Defendant’s fright, and listened to F and G’s statements.

“Irrith”, “Irriths”

The term “” refers to “a threat as to the use of concrete sculptures (flost 20cm in width, 15cm in length) and one knife, which are dangerous objects at the front of the above church, was assaulted by F, etc., “F, etc., when f, f, etc., f, and head at a time with their head by drinking,” “f,” and “f, f,” and “g, at once, once the shoulder of G, f, etc., when the shoulder of G was pushed up, and f, when the shoulder of G was carried out by drinking.

Accordingly, the Defendant, carrying dangerous things and assaulted F and G, thereby obstructing police officers from performing their legitimate duties in regard to the handling of reported cases.

2. The Defendant interfered with the performance of official duties and the injured Defendant was arrested of the current offender on the same date and time as paragraph 1, at the same place as that of paragraph 1, and was arrested as the current offender, and was on the patrol vehicle No. 21, carried to the patrol vehicle at the patrol vehicle at the order of the E, and broken off the 1st right shoulder part of the victim I, who was on board the above patrol vehicle at the seat of the Seoul Young Military Police Station E District.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the custody of the current offender, and at the same time I put an aesthetic shoulder for the number of days of treatment.

Summary of Evidence

1. Each legal statement of witness F, G, I, and H;

1. Each police statement made to F, G, and I;

1. A statement prepared by H;

1. Seizure records;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 144 (1) (the point of obstructing the performance of special duties), Article 136 (1) (the point of obstructing the performance of public duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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