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(영문) 서울북부지방법원 2014.09.25 2014고단1006
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 18, 2014, the Defendant of the obstruction of performance of official duties: (a) around 17:35, the Defendant: (b) expressed the desire to embling and passing along the street in front of the exit of Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (c) and (d) expressed the Defendant to the above G, who was urged to remove and return to Korea by the slope G belonging to the Seoul Seongbuk-gu Seoul Seongbuk Police Station F District Unit, where he was working during the marine patrol while he was suffering a large amount of disturbance, thereby hindering the police officer’s legitimate performance of duties relating to the maintenance of public order and order by taking the Defendant’s fating the fat of the above G and assaulting the fat, fat, fat, fat, fat, fat, and fat, fat, fat of the inner fat, and fat of the police branch.

2. On March 24, 2014, at around 17:00, the Defendant assaulted the victim’s face at one time, fating the fat of the victim H (the age of 61) in the winter forest park near the roadside 248 located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, without any justifiable reason.

3. On March 17, 2014, from around 20:00 to 21:00 of the same day, the Defendant interfered with the business of the victim, who was drunkly under the influence of alcohol from the victim E, who was under the influence of alcohol in front of the exit of 3 D Station located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, thereby obstructing the victim’s operation of the street store by force.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Application of Acts and subordinate statutes to police statements concerning E;

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act, the choice of punishment for the crime (the point of obstruction of performance of official duties, the choice of imprisonment), Article 260(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of duties and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated for the crime of obstruction of performance of official duties, the most severe punishment and concurrent crimes);

1. Article 62 of the Criminal Act:

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