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(영문) 서울동부지방법원 2014.10.02 2014고단2551
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 13:50 on August 22, 2014, the injured Defendant changed tobacco to the victim E (the age of 45) who works for the above Gosiwon at the “D Gosiwon” located in Gangdong-gu Seoul Metropolitan Government, and refused to provide tobacco to the above Gosiwon, the Defendant was at least six times the victim’s face by drinking.

As a result, the Defendant inflicted bodily injury on the victim for about two weeks of treatment.

2. The Defendant, at the same time and place as above, was at the time and at the time and place of the performance of official duties, and was dispatched after receiving 112 reports, to the G of the F District of the Seoul Gangseo-gu Police Station, Seoul, the Defendant abused the face of the said G at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and crime prevention.

3. On the same day, the Defendant expressed the victim G with a large amount of the victim G, who was arrested and waiting for an investigation into a flagrant offender for a criminal offense as set forth in paragraphs 1 and 2 at the Seoul Gangseo-gu Seoul Metropolitan Police Station F District, Gangdong-gu, Seoul, and four police officers of the above E and Dong police officers.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report);

1. Articles 136 (1), 257 (1), and 311 of the Criminal Act concerning the facts constituting an offense;

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

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

1. For the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order, Article 62-2 of the Act on Probation and Community Service, the final sentencing range due to the aggravation of multiple offenders who have no basic area (referring to April to 1 year and 6 months) (referring to the scope of recommendations) of the first category (in general), the basic area (referring to April to 1 year and 6 months) (referring to the person who has a special person), [referring to the scope of recommendations] of obstruction of performance of official duties (referring to June to 1 year and 4 months).

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