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(영문) 서울동부지방법원 2016.08.10 2016고단1768
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant 03:35 around May 18, 2016, on the road front of the C convenience store located in Seongdong-gu Seoul Metropolitan Government, wherein customers drink alcohol.

“A police officer who must go to the scene after receiving a report 112 and soliciting the Defendant to return home,” among the victim E, a security guard belonging to the Sungdong Police Station of Seoul Sungdong Police Station, who is an employee F, etc., “A” is a police officer who must go to the scene.

The bitbitch shall be equal.

C. The victim expressed his/her desire to "sweaks, sweaks", and subsequently, the victim was tightly unable to board the patrol vehicle for about 10 minutes, and the victim was sweaked with his/her body or her hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of reported cases, and openly insultd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of G and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each 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;

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