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(영문) 서울남부지방법원 2014.01.24 2013고단4522
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 7, 2013, at around 00:25, the Defendant: (a) received a report from 112, while leaving a disturbance in Guro-gu Seoul Metropolitan Government “DP”; and (b) received a request from the police officer F of the Guro Police Station E-gu, the police officer of the Guro Police Station E-gu, who called out after receiving a report from 112; (c) took a bath to the police officer; (d) “I am flag, ring, and NA.” On the other hand, the Defendant assaulted the above F’s left face and right face at one time, and interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) Defendant was under the influence of alcohol in the last 2012, and has been punished five times by assault, business obstruction, fraud, insult, etc.; and (b) The instant case was merely a simple assault against a police officer, and the degree of such assault was not excessive shall be determined by comprehensively taking into account the following:

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