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(영문) 서울남부지방법원 2016.08.09 2016고단2369
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 March 31, 2016, the Defendant: (a) around 19:45, in front of the building in Gangseo-gu Seoul Metropolitan Government; (b) did not pay the taxi fee even though he/she was on board and arrived at the destination while having arrived at the destination; and (c) did not pay the taxi fee.

“Around the border belonging to the Seoul Western Police Station D District District of the Seoul Western Police Station, in receipt of a report 112, the victim E is urged to pay the taxi fee and return home. Around about 10 players are able to observe the victim’s governance with a large sound. The victim’s money will be why:

(E) shall be discarded out of a dog;

H. F. L. L. The victim's chest with sound, was tightly pushed up twice with the victim's breast, and the victim's sexual organ was flicked once and twice with a bad hand.

Accordingly, the defendant insultingd the victim, and interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of police officials E crimes.

2. At around 20:25 on the same day, the Defendant interfered with the performance of official duties, at the D District Zone located in Gangseo-gu Seoul Metropolitan Government F on the same day, requested the Defendant who arbitrarily accompanied the G to the earth due to the suspicion of insult and interference with the performance of official duties, to affix a seal on the document of voluntary accompanying to the earth, and the Defendant was on one occasion at the left side of G with the floor of hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers G criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with respect to E, G, and C;

1. Application of Acts and subordinate statutes to a petition for criminal investigation or report on investigation (the confirmation of the criminal defendant's surface of assaulting Gman);

1. Relevant legal provisions concerning criminal facts;

(a) The point of insult: Article 311 of the Criminal Act;

(b) point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. Sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

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