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(영문) 서울남부지방법원 2015.11.19 2015고단3995
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 19, 2015, at the front of Gangseo-gu Seoul Metropolitan Government on August 00:05, the injured Defendant: (a) sent back the face of C(33 years of age) and C(34 years of age) with the victim D(34 years of age); (b) sent back the face of D to drinking; (c) made C take the face of D, which is flick, flick, flick, and flick, flick, flick, flick, and flick, flick, flick, flick, flick, and flick, flicked the victims of each treatment days.

2. At the same place as Paragraph (1) at the same time as Paragraph (1) of this Article, the Defendant: (a) obstructed the police officer’s legitimate performance of duties concerning the handling and investigation of a police officer’s reported case by assaulting F’s title by stating that “I will know about our country, so I will come off; and (b) I would like to investigate the circumstances of the instant case; (c) “I will know about our country, I will go off; and (d) I would go off.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused, C, or D;

1. The police statement concerning F;

1. Application of each statute on photographs;

1. Inflicting an injury under Article 257 (1) of the Criminal Act as to the facts of crime;

In this regard, Article 136(1) of the Criminal Act (amended by imprisonment)

U.S. Imprisonment

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] 1] Violence (General Bodily Injury: April to June 2): The term of obstruction of performance of official duties [Type 1] The basic area of obstruction of performance of official duties: June to April [Special Convict]; 1] and 2] no one half of the upper limit of the punishment on the crime of obstruction of performance of official duties is added to the area of the punishment on the crime of obstruction of performance of official duties. However, the lower limit of the crime of obstruction of official duties should be considered in February to February 2. [Pronouncement 1].

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