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(영문) 서울북부지방법원 2016.02.26 2016고단332
공무집행방해등
Text

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

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

(e).

Reasons

Punishment of the crime

On January 20, 2016, around 00:35, the Defendant, at the main point of “E” operated by D located in Seongbuk-gu Seoul, Seongbuk-gu Seoul, took a bath to the said D without any justifiable reason, and showed an aggressive appearance.

Accordingly, he/she has been drinking alcohol at this place.

F(25)(25), G(28(3) and H(23) have moved back to the front of the main point of the defendant.

The Defendant spits or spits the F face, spits it twice in drinking, spits the back of G with the hand floor of the G three times, puts the face of H once more, and the J(25 years old) belonging to the Sungbuk Police Station I earth station, called the Defendant after receiving a report 112.

The Defendant is a police officer of the Haba J Habk Hab Hab Hab Hab Hab Hab Hab Hab Haba

"Spits or spits spits on the face of Jman twice, and assaulted by drinking once."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to J

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The Defendant, around January 20, 2016, at the main point of “E” operated by D located in Seongbuk-gu Seoul, Seongbuk-gu Seoul, the Defendant expressed the above D’s desire to breath and aggressive appearance without any justifiable reason while under the influence of alcohol.

Accordingly, the victim F(25), G(28 tax), and H(23 tax) who had been drinking at this place took the front of the above main point.

Accordingly, the Defendant spits the victim F's face, spits the victim F's face twice with drinking, spits the victim G three times with the hand floor, and assaulted the victims, such as spits the victim H's face once.

2. One set of bags, each of the above facts charged is a crime falling under Article 260(1) of the Criminal Act and is in accordance with Article 260(3) of the Criminal Act.

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