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(영문) 서울남부지방법원 2015.06.16 2015고단328
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. The Defendant, around November 23, 2014, at around 01:06, at the Eppp of the Defendant’s operation of Guro-gu Seoul Metropolitan Government D2, paid time expenses with the victim F who is a customer, with the payment of the drinking value.

The police officers dispatched after receiving the report, assaulted the victim's face at least three times in the situation that the police officers observe.

2. The police officer of the Guro Police Station G police box in Seoul Special Metropolitan City for the obstruction of performance of official duties requested F to present identification cards to the police officer of the Republic of Korea after receiving a report that the police officer would meet the drinking price payment issue, and the police officer H and I demanded F to send identification cards to the same place. The J presented resident registration certificates to the above police officer.

At this moment, the defendant did with his/her resident registration certificate to get back his/her identity card to the defendant, and the above police officers requested that the defendant return his/her identity card to another person, and the defendant attempted to take the defendant's hand to get back his/her identification card while taking a bath to the above police officers, and attempted to take the defendant's hand to walk the Ha's bridge part, walk the Ha's bridge part, walk the Ha's hand, and assaulted the police officers by hand, and during that process, the J's identification card was contrary to his/her own identification card.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the notification and civil petition handling of the above police officers.

Summary of Evidence

1. Each legal statement of the witness F, J, H and K;

1. Each police statement to F, J, H, and K;

1. Reporting on the dispatch of the 112 Incident, and the application of statutes governing damaged photographs;

1. Article applicable to criminal facts;

(a) The point of assault: Article 260 (1) of the Criminal Act;

(b) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act.

1. Selection of each sentence of imprisonment;

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 (General Considerations as follows);

1. The Defendant asserts that there was no assault by the victim F or police officer H or K, as to the Defendant’s argument regarding Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act.

However, the victim F.

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