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(영문) 서울중앙지방법원 2016.07.21 2015고단5994
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Around June 26, 2015, the Defendant assaulted the victim C (30 tax) who is a taxi driver on the front of Gangnam-gu Seoul, Seoul, and was under the influence of alcohol without paying a taxi fee to the victim C (30 tax) who is a taxi driver on board the Defendant, and the victim was under the influence of alcohol and assaulted twice the victim’s face with the defect of 112 report and the sudden drinking.

2. Interference with performing public duties;

A. On June 26, 2015, around 05:22, the Defendant: (a) committed assault, such as the Defendant, at the F District Unit of the Seoul Gangnam-gu Seoul Southern Police Station located in Gangnam-gu Seoul, Seoul, for the purpose of arresting flagrant offenders under the above assault charges; (b) carrying the Defendant into the said district after being arrested in flagrante with the charge of the assault; and (c) transferring the Defendant to the Seoul Gangnam Police Station, the Defendant, on his own initiative, committed assault against the Defendant, such as the Defendant’s sloping part of the sloping part of the said D, one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

B. On June 26, 2015, the Defendant interfered with the performance of official duties of Ha, on a sloping G and patrolman, committed assault by the Defendant, on the part of the sloping G, in order for the Defendant to hand over the Defendant to the Seoul Gangnam Police Station, the sloping G, who was in the Defendant’s hand, walked the sloping part of the bridge part on the Defendant’s hand, and walked the sloping part on the bridge part on the Defendant’s hand. The police officer belonging to the said sloping, who was in the said sloping part on the right buck part on the part of the said H, by putting in the sloping part on the part of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to arrest of flagrant offenders.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C, H, and D;

1. G statements;

1. Medical certificates and photographs;

1. Application of Acts and subordinate statutes to a report on investigation (closed circuit investigation of TV, and assault against police officers D);

1. Article 136 (1) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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