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(영문) 서울북부지방법원 2017.08.11 2017고단1993
공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:25 on April 9, 2017, the Defendant filed a report on 112 on the ground that he did not have any cash deposited at 94, e.g., Seoul Dongdaemun-gu, Seoul, Seoul, on the ground that he did not take any part in the cash deposited at 94, e.g., the Defendant filed a complaint regarding the handling of the report while sending a civil petition by police officers C, D, and E belonging to the Seoul Dongdaemun-gu Police Station B, and the Defendant filed a complaint against the handling of the report; and

After having expressed a bath for Chewing flachise, the flachise assaulted the said E’s chest by hand, such as pushing the said flachise and cutting the external flab, and continued to commit the act of assaulting, such as plucking, plucking, and plucking the left face of the said D’s finger and arms, and subsequently, assaulting the chest of the said flachise on three occasions by hand, pushing the body of the said flachise.

Accordingly, the Defendant interfered with the police officers’ legitimate performance of their duties on the maintenance of public peace and order as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and D;

1. 112 Case disposition table;

1. Video data and CCTV image data;

1. Application of Acts and subordinate statutes to criminal investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. (Joint Obstruction of Performance of Official Duties by E and D);

1. Selection of imprisonment with prison labor chosen;

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

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

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act and the background of the instant case and the mode of conduct, the Defendant has a record of having been punished several times for violent crimes, including the Defendant, who was sentenced to a stay of four months as a result of assault around January 2015, which was sentenced to a stay of execution of two years as a crime of assault; on the other hand, the Defendant led to the instant crime under the influence of alcohol, and the Defendant appears to have committed the instant crime by contingency.

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