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(영문) 서울중앙지방법원 2016.06.22 2016고단2821
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 February 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) jointly with B and C, and assaulted the victim by putting the victim F. (n. 20 years of age) into bad and bad in front of the main point of “E” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that the Defendant and C were placed in front of the victim’s head debt. The Defendant, by hand, kids the victim’s face by drinking and booming the victim’s face. The Defendant was able to take back the victim’s face by drinking and drinking, and the Defendant was able to take back the victim’s body by hand, C was able to take back the victim’s head debt, and B was sicking the victim’s head debt.

2. 공무집행 방해 피고인은 2014. 2. 18. 05:30 경 서울 관악구 G에 있는 ‘H 주점’ 앞길에서 112 신고를 받고 출동한 I 지구대 소속 경찰관 J이 자신을 체포하려고 했다는 이유로 J에게 “ 씨 발 내가 뭘 잘못했는데 ”라고 욕설하고, 현행범으로 체포되어 순찰차에 태우려는 피해자의 멱살을 양손으로 잡고 “ 너희가 경찰관이냐

Swelin police officer: Doz.

“Along with the desire to read “,” the passage of the J, thereby obstructing the legitimate execution of official duties by the J on Control of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Application of each police statement protocol to J and F

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)1 of the same Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 1, 201)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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