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(영문) 서울서부지방법원 2018.06.20 2018고단1112
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 12, 2018, at around 23:45, the Defendant: (a) obstructed the patrol vehicle in front of Eunpyeong-gu Seoul, Seoul, without any justifiable reason; (b) solicited the victim C and D, who were on the patrol vehicle, to invalid home from the patrol vehicle; and (c) insulted the victims of the instant accident where many and unspecified people, including E, “I see this gate, E bitch bitch, E bitch bitch bitch bitch bitch, and bitch bitch bitch bitch bitch bitch bitch,” respectively.

2. On February 13, 2018, at around 01:05, the Defendant: (a) arrested the G District located in Eunpyeong-gu Seoul Metropolitan Government F as a flagrant offender for the same reasons as Paragraph (1) in the G District; and (b) was waiting in the G District, Seoul assaulted once by generating the right edge of the slope D’s slope belonging to the Pyeongtaek Police Station G District.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of flagrant crimes.

3. On February 13, 2018, the Defendant interfered with H’s performance of official duties, with the joint signature of Eunpyeong-gu Seoul, Seoul, on the grounds as set forth in paragraph 1, arrested at the Eunpyeong Police Station as a flagrant offender for the same reason as that of paragraph 1, and Seoul in the G District transferred from the G District to the Pyeongtaek Police Station, and the Seoul used the slope H’s face at the Pyeongtaek Police Station once a week while waiting for it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of flagrant crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H, C, and D;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment prescribed for the insult of a victim D with heavier punishment between the crimes of insult and the crimes of insult);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the execution of official duties.

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