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(영문) 서울동부지방법원 2013.10.30 2013고단1694
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

Around 00:50 on June 24, 2013, the Defendant requested D to speak before D's house located in Gangdong-gu Seoul Metropolitan Government, and D's bath theory was required to 112.

At around 01:10 on the same day, the Defendant assaulted F, such as: F, who was required to produce identification cards to identify the Defendant by F, who was in the position of the Seoul Gangseo Police Station E District, and was dispatched after receiving a report at the above place 112, to write down the F’s shoulder, write down the F’s shoulder, fright, drinking, etc. one time, and receiving her face, her head, etc.

As a result, the Defendant interfered with the legitimate performance of duties by police officers with regard to the 112 Reporting Report Handling, and at the same time, the Defendant inflicted an injury on the shoulder and tension that requires approximately two weeks of treatment on the F of the said victim F (year 57).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Written statements of D;

1. Police seizure records;

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

1. Article 136 (1) and Article 257 (1) of the Criminal Act (the point of obstruction of performance of official duties on the market) concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the injury in this case is not severe and that there is no record of being sentenced to suspension of qualifications or a heavier punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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