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(영문) 서울남부지방법원 2018.07.25 2017고단6543
모욕등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2017, around 23:55, the Defendant: (a) arrested the Defendant as a current offender by the police officer of the Seoul Gangseo-gu Seoul Police Station E District Unit, the police officer of the Seoul Police Station, and the police officer G, who was called up with the 112 report, around the sixth elevator platform of the Gangseo-gu Seoul Metropolitan Government building D on November 23, 2017; and (b) arrested the Defendant as the Defendant, “An excessive suppression,” and (c) opened the border G by walking the spuck and the bucks on the floor, leading up to five times, the Defendant tried to take the Defendant’s body as the head of the police officer who takes part in the Defendant’s body.

As a result, the Defendant interfered with the legitimate execution of duties of police officials with respect to the handling of reports and arrest of flagrant offenders.

2. On November 23, 2017, at around 23:57, the Defendant: (a) at the elevator platform of the six-story elevator of the Gangseo-gu Seoul Metropolitan Government building D, Defendant B, like the above-mentioned 1-B, attempted to arrest A, a workplace club G, etc. belonging to the Seoul Gangseo Police Station E-gu Seoul, Seoul, to a current offender; (b) filed complaints; (c) carried the left-hand hand of the above Gyeong, and was closely sealed by F.m.

Accordingly, the suspect interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders and the handling of cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Defendant A of the pertinent Article of the Criminal Act: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) against Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties); and

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants: Imprisonment with prison labor;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of the community service order: The instant crime committed by the Defendants on the grounds of sentencing under Article 59 of the Criminal Act is not punishable as it assaults police officers performing official duty.

In addition, the conditions of sentencing stipulated in Article 51 of the Criminal Code, focusing on the following matters.

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