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(영문) 서울북부지방법원 2018.04.11 2018고단220
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around January 4, 2018, the Defendant interfered with the performance of official duties, and the victim’s injury: (a) 00:10, on the hallway of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, that was under the influence of alcohol, and was bread by drinking the door, and was under the influence of drinking, “a man who has been under the influence of alcohol” was under the influence of drinking the door on the 2nd floor of the Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and was under the control of the police officer’s police box affiliated with the police box of Dong-gu Seoul, Seoul, Police Station D (31 years of age) and the victim F (54 years of age). On the other hand, the Defendant was under the control of the victim E face by drinking the victim E at one time on the face of the police officer, booming the head into the wall of the corridor, and broken the victim F to the right side of the victim’s own f, who attempted to arrest the Defendant as a current offender interference with the performance of official duties.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases, and inflicted injury on the victim E, such as salt, tension, etc., which requires medical treatment for about 20 days, and around two weeks to the victim F.

2. On January 4, 2018, around 00:40, the Defendant: (a) arrested the Defendant as a current offender for the same reason as the description in paragraph 1 at the integrated investigation watch room of the Seoul Dongdaemun Police Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant damaged the use of waste bags and water purifiers used by public offices by breaking the dissatisfactions and water purifiers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injuring an injury) and Article 141 (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 each sentence of imprisonment;

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 of Article 62(1) of the Criminal Act is as follows.

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