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(영문) 서울남부지방법원 2015.06.26 2015고단513
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 25, 2014, around 00:50 on June 25, 2014, the Defendant reported 112 to the effect that the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government (hereinafter “D tunnel”) “the noise coming from the general interest in the vicinity of the D tunnel.”

The police officer F and G, who was called upon the above report, was confirmed on the site and explained that the Defendant was a noise due to construction work after telephoneing the site.

However, the defendant argued whether or not the patrol car was actually confirmed on the ground that the patrol car was not called out, and the police officer F and G sent back the patrol car to the earth while returning to the earth, and explained the patrol car and the construction noise in the future and confirmed the fact.

Nevertheless, the Defendant, on the alleyway of the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government, sounded “Chewing stick Dok Dok ? Dok ? Dok ? Dok ?” and assaulted the Defendant by opening a door of the defective patrol vehicle’s driver’s seat in order to stop in front of the patrol vehicle driven by G to return to the earth, and keeping it down several times, and committing violence, such as cutting off the arms of the said G.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to a report on site mobilization in violent incidents;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor, the police officers are dispatched to the scene after receiving a report of the defendant.

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