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(영문) 서울남부지방법원 2017.05.24 2017고단3 (1)
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to two years of imprisonment with prison labor by the Seoul Central District Court for the crime of conflict, etc., and was released from prison on June 30, 2015 during the execution of the sentence, and on September 15, 2015, the parole period expired.

1. Around 02:00 on December 20, 2016, the Defendant suffered special injury: (a) around Guro-gu Seoul Metropolitan Government, and (b) around 02:00, the Defendant was punished for trial expenses against the victim, along with F and G, for the victim that the victim did not go against the Defendant’s body and the body of the victim E (the remaining, the age of 26) and the body of the Defendant and did not go against and do not go against; (b) on the other hand, the Defendant reported that the victim reported the victim’s cell phone was the victim’s tobacco to the victim and got off

As a result, the defendant puts up a secret image that requires treatment between two weeks on the part of the victim by a boat, which is a dangerous object.

2. On December 20, 2016, the Defendant interfered with the performance of official duties at the above site, around 02:30 on December 20, 2016, and around 112 reported to the site, the police officer of the police station, Seoul Special Metropolitan City, the police officer of the police station, who was called to the site after receiving 112, was assaulted by G during the process of arresting F as a current offender interfering with the performance of official duties. The police officer under the same jurisdiction tried to arrest G as a current offender interfering with the performance of official duties, and carried J to the police officer, leading him to a fright and drinking.

Accordingly, the defendant assaulted police officers to interfere with the handling of the 112 reported case and the legitimate execution of duties concerning the arrest of police officers in the act of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement G and F's statement in the first trial record;

1. Statement made by the police to J or I;

1. E statements;

1. A victim Eth medical certificate;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation, inquiry of summary information of the case, copy of the judgment, and application of statutes on personal expropriation;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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