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(영문) 서울동부지방법원 2018.06.21 2017고단2410
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around June 16, 2017, 22:30 on the road in front of the cafeteria “E” restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul (20 years), her desire.

Recognizing the victim, “I had the desire to take the test now?”

It is called as "Ized," and the floor of the hand was assaulted by the victim, such as the victim's bucking of the victim and the number of backs.

2. The Defendant: (a) arrested the Defendant as the current offender of the assault case described in paragraph (1) from the police officer, etc. affiliated with the Song Police Station G patroler, etc. at the time and place specified in paragraph (1); (b) arrested the Defendant to the “G police box” located in Songpa-gu Seoul, Songpa-gu, Seoul; and (c) assaulted the Defendant, at around 23:00 on the same day, to move the left-hand bucks to the police box one time on the right edge.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by the witness F in the public trial record;

1. Each police statement made to F and H:

1. Written Statement;

1. Investigation report (work log and processing of reported cases);

1. 112 Reporting case handling table;

1. Evidential materials (a photograph, CD) produced by a criminal act;

1. On-site parking or stopping CCTV images (ROMs);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

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. Reasons for conviction under Article 62-2 (1) of the Criminal Act of the community service order;

1. The defendant and his defense counsel did not assault the victim F, arrest of a flagrant offender by the police is illegal, and the defendant does not price the police bridge;

2. Determination

A. In full view of the victim F, witness H’s legal testimony and statements made at an investigative agency on the part of the crime of assault, the Defendant assaulted the victim F as stated in the facts charged.

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