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(영문) 서울남부지방법원 2017.03.29 2016고단6157
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On December 10, 2016, at around 23:05, the Defendant: (a) prevented a male drinking alcohol at the entrance of the 1st floor subway station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul at around 23:05, from leaving the entrance of the subway station of the first floor underground of the subway station of the 112 report that he had sealed the face of people; and (b) prevented the Defendant, who was dispatched to the site by the police box of the Seoul, Yeongdeungpo-gu Seoul, Police Station C police box, and called “N Ga Ga Ga Ga and police.

“In doing a bath, the chest of the above D was tightly sealed once, and the face part of the D was taken once by drinking.

Accordingly, the defendant assaulted police officers D and interfered with the legitimate execution of duties concerning the handling of reported cases and the protection of people's lives, bodies and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Part dismissing the prosecution (a point of assault) under Article 62 (1) of the Criminal Act (i.e., the first offender and the reflective fact) of the suspended execution;

1. The summary of the facts charged is as follows: (a) the Defendant, at the entrance of the entrance of the 1st floor subway station underground of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, about 23:00 on December 10, 2016, taken photographs of the faces of the Defendant in the subway station of the first floor underground of the subway station via the subway station of the 846-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, in a manner prescribed by the victim E (31 tax). The injured person, depending on the Defendant, and (b) where the injured person intends to affix his/her photograph in the

"At the time of drinking, the victim's face, body, and bridge was taken by drinking and saliving."

Accordingly, the defendant assaulted the victim.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. After the prosecution of this case, the injured person expressed his intention not to punish the accused.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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