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(영문) 서울동부지방법원 2018.02.01 2017고단4257
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 19, 2017, at around 08:10, the Defendant: (a) received a report from the head of Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, 302 that he/she would continue to enter the house; and (b) did not respond to the demand from the head of the police station affiliated with the Seoul Mine Police Station that he/she called up after receiving a report from 112 that he/she wishes to have his/her male enter the house; (c) the Defendant attempted to arrest the Defendant as a flagrant offender in intrusion upon his/her residence; (d) was defective in order for him/her to arrest him/her as a residential flagrant offender; and (e) carried him/her out the body of C by putting him/her in his/her hand and pushed

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. In around 08:12 on September 19, 2017, the Defendant was arrested as a victim D, a police official belonging to the Seoul Mine Police Station, to commit a crime of intrusion upon residence from the victim D, who was a police official belonging to the Seoul Mine Police Station, and thus, during the process of being kept by residents E and neighboring residents, the Defendant abused the victim by openly insulting the victim by giving the victim the victim the victim “a half-to-half son during the fluence. The fluence fluence fluence flus, which is the fluence of the 302 population E and the neighboring residents.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Written statements of D;

1. Application of investigation reports (related to field videos), CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1448, Jan. 1, 201)

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