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(영문) 서울중앙지방법원 2018.10.25 2018고단5363
공무집행방해등
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 May 26, 2018, at the defendant's house located in Gangnam-gu Seoul Metropolitan Government B 302 around 06:10 on May 26, 2018, the defendant was asked to ask questions about the details of 112 declarations from the defendant's house located in Gangnam-gu Seoul Metropolitan Government B 302, after receiving 112 reports that he was frighting.

As above, Defendant 1 was asked about the 112 Declarations, and assaulted E’s face to restrain it twice.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report processing, and at the same time, the victim E needs to receive approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a general medical certificate;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation of the victim and Article 62-2 of the Social Service Order prevents the victim from performing his/her legitimate duties and at the same time, causing bodily injury to the victim is not good, and there are many kinds of records

However, as the defendant agreed with the victim, the injured person is not subject to the punishment of the defendant, the defendant is seriously opposed to the crime of this case, and other conditions of sentencing under Article 51 of the Criminal Act shall be determined as the same as the order.

Rejection of Public Prosecution

1. The summary of the facts charged is whether the Defendant, as stated in the facts constituting a crime, is a police officer, who is going to know that the Defendant’s neighbors or players are able to observe the 112 declaration, even though the Defendant’s neighbors or players are able to observe the said E;

The bitch, bitch, bitch, bitch of this police, can not be us.

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