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(영문) 서울서부지방법원 2015.05.06 2015고단575
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on February 28, 2015, the Defendant assaulted the victim E (33 years of age) of the Defendant, who was drinking the alcohol on a different table in the alcohol house “D” located in Mapo-gu Seoul Mapo-gu Seoul, on the ground that the Defendant did not engage in personnel management, using the Defendant’s 11-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-old-year-old-

2. On February 28, 2015, the Defendant engaged in the performance of official duties, at around 01:20, in the course of arresting the Defendant as an offender in the act of assault as described in paragraph (1), the police officer G of the Seoul Mapo Police Station, and the police officer G of the Seoul Mapo Police Station, who was called for the Defendant, assaulted the Defendant, knee, knee, knee, knee, knee, knee, knee, knee, kne, knee, kne, kne, kne, and kne, with the left hand, shick the arms of the above H, tight the body, and knick the left hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E, G, and H;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), as well as assaulting a middle school following the reason for sentencing under Article 62(1) of the Criminal Act, requires a strict punishment of the Defendant in that it interferes with the legitimate performance of duties by the police officer by using violence against the police officer dispatched after receiving 112 reports. However, the fact that the Defendant recognized all of the instant crimes, and is against the law,

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