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(영문) 서울북부지방법원 2014.11.28 2014고단3252
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. At around 07:00 on August 12, 2014, the Defendant interfered with the performance of official duties by the police officer, in the course of arresting the Defendant as a flagrant offender at around 07:20 on the same day by means of assaulting E, etc. at “D cafeteria” located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant interfered with the legitimate performance of official duties by the police officer by spiting the 112 patrols during the process of carrying the 112 patrols after he was arrested as a flagrant offender at around 07:20 on the same day by means of slope G belonging to the Seoul Eastdong Police Station, and by carrying the 112 patrols on the 112 patrols.

2. When the Defendant was arrested as a flagrant offender under the charge of assault as stated in the above paragraph (2) and sent to the F box, the Defendant destroyed the property by generating the right side side side of the JS-ray vehicle owned by the victim I, which was parked on the way front of the said box.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each written statement prepared by K, E, and I;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Articles 136(1) and 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The dismissal of prosecution is dismissed under Article 62(1) of the Criminal Act (i.e., the fact that it is against the principle of confession, and juvenile protection records, but there are no criminal records).

1. On August 12, 2014, the Defendant was passing ahead of the “D cafeteria” in Dongdaemun-gu Seoul Metropolitan Government around 07:00, and the Defendant listened to the sound that she was in the said cafeteria, “I am sweld with his father and sweld with his father, so I am sweld with whether she sweld with his parents.” The Defendant sweld the disturbance, “I am sweld with his mother,” and the victim E (63 years of age) who was a customer who was in the said cafeteria.

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