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(영문) 서울중앙지방법원 2017.06.15 2017고단2575
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 1, 2017, the Defendant interfered with the performance of official duties on the roads located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and obstructed the legitimate performance of official duties of police officers with respect to the protection of the lives, bodies and property of the people, such as: (a) the police officer D, the police officer belonging to the Seoul Western Police Station C District, and police officer E, who was called out after receiving a report on April 1, 2012, on the ground that he was locked; and (b) the Defendant spacing the flab of the said D; and (c) spacing the flab face of the said E; and (d) the Defendant interfered with the legitimate performance of official duties of police officers with respect to the protection of the life, body, and property of the people, by displaying the flab.

2. In the G Hospital emergency room located in Gwanak-gu, Seoul Special Metropolitan City on April 1, 2017, the Defendant: (a) arrested a flagrant offender under suspicion of interference with the performance of official duties; and (b) complaining of the said victim D(51) to the said hospital room where at least four customers, such as H, who are employees of the said hospital, are accommodated in the said hospital room.

b) Does it become one of them;

b) Does they have ever olded;

C. The victim publicly insultingd the victim by referring to the large frienda.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to H, E, or D;

1. Each statement of H and I;

1. A complaint filed in D;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the community service order have been sentenced to one year of probation on June 26, 2015 due to violent crimes, etc., and two years of probation on March 12, 2015 and two years of probation on March 12, 2015.

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