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(영문) 서울북부지방법원 2017.09.20 2017고단2937
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 21, 2014, at around 10:46, the injured Defendant: (a) placed the clothes of the victim D (55) located in Dobong-gu Seoul Metropolitan Government on the part of the victim D (55) with the view to the price of the victim and clothes; (b) placed his/her clothes in the victim’s face on the ground that he/she was making a dispute with the victim; (c) placed his/her arms and face in the victim’s face; and (d) placed the victim with his/her arms and face on the face of the victim with approximately 21 days of the victim’s face; and (d) placed the victim with his/her arms and arms requiring medical treatment.

2. Interference with performing public duties;

A. On July 21, 2014, at around 10:55, the Defendant: (a) was arrested by the police officer assigned to the Dobong Police Station G police box in Seoul, which was dispatched after receiving a report on the above injury case in front of the G police box; and (b) went to the said police box; (c) but refused to enter the police box, thereby obstructing the police officer’s legitimate performance of official duties, i.e., the police officer, who was sent to the Seoul Dobong-gu Seoul Metropolitan Government Police Station G police box, who was arrested by the police officer assigned to the police officer assigned to the said police box; and (d) refused to take the patrol box.

B. On July 21, 2014, around 11:00, the Defendant: (a) 403 in Dobong-gu Seoul Metropolitan Government Nowon-gu, and (b) Dobong-gu police station’s model department and office in order to call letters; and (c) obstructed the staff of the police station who was reported on his/her duties; and (d) obstructed them.

The two arms belonging to the I Team are the wheels of the J as a hand-to-saw, and the breath of the J was asked to interfere with the police officer's legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, H and J;

1. Each statement K and L;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate of injury to a victim, and a photograph of each victim's body);

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and D.

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