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(영문) 서울동부지방법원 2018.07.25 2018고단1434
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 3, 2018, the Defendant interfered with the performance of official duties at the site of the dispatch of a police officer and the Defendant is in the city expenses in Gwangjin-gu Seoul Special Metropolitan City around March 23:00.

“Around December 1, 200, the Seoul Manman Police Station D police box affiliated with the Seoul Manman Police Station D, and the Manman F sent the Defendant for assaulting the obligor G, the Manman: (a) took the bath of “this dog, Chewing, and arrested” to the Manman E; (b) took two times the back part of the Hanbbbbbuck, walking the part of the Hanish; (c) 4-5 times the face with his hand; and (d) continuously took the bath of the Man F’s left part of the F, by taking the bath of the Hanbbbbuck F, with the view of walkinging twice the part of the F, on the other hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

2. On the same day, the Defendant obstructed the performance of official duties inside the police box: (a) was arrested and taken custody of the Defendant at the D police box office located in Gwangjin-gu Seoul Special Metropolitan City, as an offender of the crime of interference with the performance of official duties; and (b) was preparing documents to sit on his/her book on the ground that E gives an explanation of the case to his/her daily activities;

E Handbags and cellular phone bags together with E, and the above handbags were used in line with E’s left side blick, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation and handling of reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to investigation reports (verification of shot G Statements), investigation reports (Attachment of pictures of the high-class E reciting body) (Attachment of pictures of the high-class E);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order:

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