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(영문) 서울동부지방법원 2014.06.11 2014고단374
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 01:30 on December 10, 2013, the injured Defendant: (a) on the front day of the Victim D (F, 52 years old) operated in Gwangjin-gu Seoul Special Metropolitan City; (b) on the ground that the Victim F (F, 49 years old) and the Defendant’s fright G was pottered by the Defendant’s franchisor; (c) on the ground that a dispute arises between the Victim F and G’s wife arises between the victim F and the wife, the injured Defendant was able to walk up three times the victim F’s side interest; and (d) took off the victim’s head debt at one time and took part in several times after cutting the victim’s face over the floor.

As a result, the Defendant brought about 1 to the victim F abundance of a plebridge that requires treatment for about 2 weeks, and brought about uneasy disorder that requires treatment for about 2 weeks to the victim D, such as influences, strings, snowing, and string around the following bridges.

2. On December 10, 2013, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the maintenance of order and investigation of criminal investigation on the ground that: (a) on the ground that the place under the preceding paragraph was around 01:50 on December 10, 2013; and (b) the head of the police station affiliated with the H district of the Seoul Mine-gu Police Station, who was called upon 112, attempted to verify the contents of the report; and (c) the Defendant assaulted I on one occasion, such as drinking her

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and I;

1. Each police interrogation protocol against the accused, D, or F (in case of the accused, part of the accused);

1. Each statement in D, F, and I;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant assaulted victims, received 112 reports, and assaulted the police officers dispatched.

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