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(영문) 서울북부지방법원 2014.09.05 2014고단2154
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 June 14, 2014, at around 01:15, the Defendant reported 112 that the taxi rate is at issue on the front side of the Seoul Jungdong-gu, Seoul, the Defendant: (a) obstructed the opening of the door by putting off the above D’s right door, which he was sent to the patrol vehicle on the ground that D did not have a good talk about his own talk; and (b) committed violence, such as putting the cell phone on the front side of the said D’s face, which was sent to the patrol vehicle on the ground that D was not able to have his talk well; and (c) took the cell phone with the booms of the above D’s booms, which was carried out by the Defendant, and was frighted to the face of the said D’s fright, which was attached to the head of the said patrol vehicle.

Accordingly, the defendant interfered with police officers' legitimate performance of official duties on public peace and order maintenance, and damaged things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs taken on the part of patrol car damage;

1. Article 136 (1) and Article 141 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each sentence of imprisonment;

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 (i.e., the reflection of the suspension of execution, the degree of obstruction of performance of official duties, etc.);

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