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(영문) 서울중앙지방법원 2014.11.05 2014고단6507
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 18, 2014, at around 02:05, the Defendant: (a) expressed that “Dju shop” operated by C located in Gwanak-gu in Seoul Special Metropolitan City on the ground that the Defendant’s provoking E was under the influence of alcohol, and the Defendant was able to arrest the above E in flagrant offender on the grounds that the police officers belonging to the Seoul Gwanak-gu Police Station F District, G et al. dispatched after receiving a report of 12 that the Defendant’s provoking E was under the influence of alcohol and assaulted by assaulting the Defendant’s chest part, etc. of the said G with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

2. Around 04:00 on July 12, 2014, the Defendant, on the street in front of the Seoul Special Metropolitan City, Gwanak-gu 142 Godong community service center, was asked for the victim I to ask questions about the details of the report sent by the victim H and police officer, who is the circumstances leading to the Seoul Gwanak-gu Police Station F District in Seoul, who was dispatched after receiving a report by the Defendant 112, who was in charge of the operation of the illegal marina branch, and the victim I, who was a police officer, and two other persons, who are the Dongdong residents, and without any justifiable reason, she abused the victims by openly booming, “the same fluent of the police station, fluent fluor, fluor, and fluored fluor, fluor, fluoring fluor, fluor, fluord fluor,” and fluoring the victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the statement portion of A);

1. Each police officer's statement of G, C, H, and I;

1. A complaint filed by H and I;

1. Teables and photographs of victims;

1. Application of Acts and subordinate statutes to the investigation report (to listen to telephone statements from the counter party of the Twitman J);

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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