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(영문) 서울북부지방법원 2015.08.17 2015고단2044
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 4, 2015, the Defendant argued for the obstruction of performance of official duties on the grounds that he was unable to know the women “C” in front of the mouth of the Seoul Southern Northern Police Station located in the Gangseo-gu Seoul Northern District, Seoul, and that D, who was requested by the said women to return home from the said women, obstructed the said women’s arms by cutting away them into the cab, thereby blocking them, and interfered with the said women’s arms, and the said D’s arm’s arms were prevented, and the said D’s arms were flabed by the flabbbing, pusheding the flab of the said D’s flab, and flading the flab of the said D’s left flab by the back head.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and maintenance of public safety and order of police officials D.

2. On May 4, 2015, at around 22:45, the Defendant’s assaulted the Defendant’s cell phone by putting the Defendant’s cell phone on his hand and gathering the victim D (the age of 35) who made a statement of damage as referred to in the above Paragraph 1 at the Seoul Gangseo-gu Seoul Northern Police Station and the Criminal Party Office’s office room, on the ground that the said statement was made, and thus, the Defendant heard the above statement, it is appropriate to see the victim’s right to the Defendant’s upper part of the Defendant’s cell phone.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of damaged photographs and CCTV video-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a 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;

1. Second crimes for which there is no basic area (6 to 1 year and 4 months), the basic area (6 to 1 year and 4 months) of the first category (the scope of recommendations) of the Social Service Order for the sentencing of Article 62-2 of the Criminal Act (the scope of recommendations) (the scope of recommendations) (the general violence) (the scope of punishment) of the same Act.

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