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(영문) 서울북부지방법원 2017.01.19 2016고단4454
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2016, the Defendant: (a) on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, demanded a police officer E and the police officer of the Dongdaemun Police Station D police box affiliated with the Seoul Dongdaemun-gu Seoul Police Station D police station, who was dispatched after receiving 112 a report, to voluntarily accompany the police station as he is suspected to drive drinking, and (b) was on patroling to the police station; (c) on the same day, the Defendant was going ahead of the “H food” located in the same Gu G around 03:00 on the same day; (d) demanded the vehicle to go off; (e) entered the restaurant; and (e) refused the police officer’s request for voluntary accompanying to the police officer by demanding him to go through the same Gu, without any justifiable reason.

The Defendant continuously notified the police officers of the fact that they are arrested as the current criminal of the drinking traffic accident, and attempted to arrest the E's chest part once a week, followed the E's chest part by drinking once a week, and assaulted the F's part and the left part by drinking once a week, and assaulted the Defendant by walking the left part of the f's part and the left part by walking once a week.

As such, the Defendant interfered with the police officers’ legitimate performance of duties concerning 112 reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement made to EF and I;

1. Each photographic image of a damaged police officer;

1. Details of processing reported cases;

1. Application of CD video-related Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense. Article 136 (1) of the said Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62(1) of the Criminal Act on the stay of execution (a) (The reflection of protection and the order to provide community service shall be added, considering the reflection of the nature and the degree of the case, and considering the past criminal records, as such,

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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