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(영문) 서울동부지방법원 2016.12.08 2016고단2628
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of interference with business, and became final and conclusive on the 18th of the same month.

On August 17, 2016, at around 02:35, the Defendant: (a) called, “in front of the Seongdong-gu Seoul Forest Stackter apartment; (b) on the ground that D police officers belonging to the Seoul Seongdong Police Station C District Unit of the Seoul Sungdong Police Station called, “I will not die and die;” and (c) sent back the electric wheelchairs to the center of the sixth line of the road.

Therefore, although the police officer went to the edge of a opposite way to the defendant, the defendant again tried to leave the electric wheelchairs so that he will die or die when coming to the center of the road, and the police officer expressed his desire to stop it and “I am off if you are the police officer,” and assaulted on one hand to the right side at the hand, thereby obstructing the police officer’s crime prevention and investigation, public peace and order maintenance.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of D police statement;

1. Each statement and investigation report;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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