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(영문) 서울남부지방법원 2018.05.09 2017고단6219
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On March 2, 2017, the Defendant: (a) around 17:51 on March 2, 2017, at the press report of the 166th National Assembly from March 2, 2017 to March 3, 2017, a police officer, such as C, to refrain from installing a tent of the participants in an unlawful assembly; (b) on the part of the police officers, such as C, C, of the company’s company commander D (43 years old); (c) to prevent police officers from installing a tent of the participants in an unlawful assembly, the Defendant stated that he/she was “

“Cines, spits, etc., take the back of the said D’s timber, and spits the head of the said D.

As a result, the Defendant interfered with legitimate execution of duties by police officers on the prevention, suppression, investigation, maintenance of order, etc. of crimes.

2. On October 28, 2017, the Defendant’s crime committed on October 28, 2017 is obvious that “10:28 warning” as indicated in the facts charged on October 28, 2017 is a clerical error.

In front of the building in Yeongdeungpo-gu Seoul Metropolitan Government, from the border of the Seoul Yeongdeungpo-gu Police Station F (28 tax), the Defendant was demanded to move the HST520 vehicle parked by the Defendant from G (28 tax) and the above G “I would like to see how you will move within, if you move within, you would like to cut off the vehicle. I would like to say, I would like to say that I would like to say, I would like to write off the vehicle. I would like to see that I would like to say, I would like to affix an article with four face. I would like to assault the right chest part of the above G at once.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control and maintenance of order.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made to D or G;

1. Investigation report (verification of black stay images);

1. Application of the photographic Acts and subordinate statutes to the crime scene A;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

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. A crime falling under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence (the scope of a recommendation / [the scope of a recommendation] that interferes with the performance of official duties, and Article 62(2) that has no basic area (from June 1 to June / June) (the person subject to special sentencing] / [the scope of a recommendation].

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