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(영문) 수원지방법원 성남지원 2018.01.25 2017고단3160
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2017, the Defendant: (a) intending to board a victim C (42) taxi on the street in front of the Manam-si, Sungnam-si; (b) sought a promise from the victim C (42) to the other customer; and (c) made a call from the victim to the victim.

As a result, the injured person demanded to open the door of the above taxi in order to get out of it, the defendant suffered injury, such as damage to the crypology of the crypology that requires approximately two weeks of treatment to the injured person by making up four times the left face part of the injured person, and by making up about two weeks of treatment due to drinking and elbow.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, arrested a flagrant offender as specified in paragraph 1 from F (31) to a police officer assigned to the Sungnam Police Station E (31) at the same time and place, followed by hand the said F’s arms and trees.

이어 경장 G(41 세) 이 피고인을 순찰차에 태우려고 하자 피고인은 발로 G의 얼굴 부위를 2회 찼다.

Accordingly, the Defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties regarding arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

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

1. Imprisonment with labor for a crime of obstructing the selective performance of official duties;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the violation of law and the absence of criminal records for the past 15 years or more);

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