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(영문) 서울남부지방법원 2018.06.20 2017고단3790
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 15, 2017, at around 00:20, the Defendant used a taxi operated by Gangseo-gu Seoul Metropolitan Government, and arrived at the above location after using the taxi, but publicly bath to C and Si expenses attached thereto, and publicly bath to E, who was called up after receiving 112 a report, was arrested as a current offender in the crime of insult, and was escorted to the D district located in Gangseo-gu Seoul Metropolitan Government F, and was escorted to the D district located in the Gangseo-gu Seoul Metropolitan Government on the same day. At around 00:40 on the same day, the Defendant assaulted the chest of the above G by hand while taking a bath to G during the background leading up to the D district unit in the Seoul Gangseo-gu Police Station in the Seoul Metropolitan Government on the same day.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order, such as handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Application of each police statement protocol to C, G, and E

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the background leading up to the crime of sentencing under Article 62-2 of the Criminal Act and the patterns of conduct, the punishment as ordered shall be determined by taking into account all of the circumstances of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc.

The acquittal portion

1. The summary of the facts charged is H taxi engineer.

around 02:34 April 7, 2017, the Defendant was killed in the back seat of the head of the taxi in Seongdong-gu Seoul Metropolitan Government I Association head of the Gu, and the Defendant was killed in the back seat of the head of the taxi, and the Defendant was able to see that the Defendant was all seated on the back seat of the head of the taxi. Although the Defendant was able to see that he was all seated, he was out of the back seat.

L/C have come to their hands.

Accordingly, the Defendant publicly committed an obscene act.

2. The term “public performance” in the judgment of the public performance refers to a state in which many, unspecified persons can recognize it.

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