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(영문) 서울동부지방법원 2015.04.23 2014고단3525
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. Around 20:00 on October 4, 2014, the Defendant demanded the victim to “the head is going to a hospital,” to “the head is going to go to a hospital” to the slope victim G belonging to the Seoul Gangseo-dong Police Station F Zone G, and the slope victim H belonging to the same district unit, who was parked in the front of the “Emart” located in Gangdong-gu Seoul, Gangdong-gu, Seoul, upon receiving a report from the Defendant 12, that the Defendant met the body of the vehicle parked at the front of the “Emart” located in Gangdong-gu, Seoul, and the victim H of the slope belonging to the same district unit, who was called “the head is going to go to a hospital.” However, while the seven players are fluored by the victims, the victim is called as “the bit bit ch, chch, chron, chron, chron, chron, chron, chron, chron.”

Accordingly, the defendant insultd the victims openly.

2. At the same time and place as in paragraph (1) of the same Article, the Defendant expressed that, “Nein to arrest the Defendant as a flagrant offender due to the crime under paragraph (1), Nein to the foregoing Seoul Gangseo Police Station F District G, who tried to arrest the Defendant as an offender, and that, as a result, he expressed that “Nein to arrest the Defendant in the act of committing the crime, Ische, Sys, and Sysia,” the Defendant saw that G’s face was twice twice per week, and that the said G was fladd with the flash of the above G at his hand beyond the floor, and flad with the b

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each complaint filed by H and G;

1. Application of Acts and subordinate statutes of the I;

1. Article 311 of the Criminal Act and 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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction subject to heavy punishment, and the fact that he reflects it);

1. Probation and community service order under the proviso to Article 62-2 (1) and (2) of the Criminal Act, probation, etc.;

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