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(영문) 서울서부지방법원 2017.02.08 2016고단2197
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

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

The facts charged in the crime history (defendant A) include the statement that Defendant A expressed that Defendant A expressed that he was “to open, cut back, and cut back” a slope D, but the prosecutor was not prosecuted to the effect that the prosecutor did not prosecute the facts at a rate as a crime of insult and threatened the public official performing his duties to the extent that it does not actually disadvantage Defendant A’s exercise of his right of defense. Thus, the facts that constitute the crime of obstructing the performance of official duties without changing the indictment (the facts that assaulted the public official performing his duties) are clearly revealed to the extent that it does not actually disadvantage Defendant A’s exercise of his right of defense.

On May 19, 2016, at around 23:30 on May 19, 2016, the Defendant: (a) was arrested and carried out on the charge of assault at the F police box located in Mapo-gu Seoul Mapo-gu; (b) was scleeped with G’s arms belonging to the F police box; and (c) continuously, G was scleeped one time to the right edge of G’s head in order to arrest the Defendant, who is the first executive of the police box, as a charge of obstructing the performance of his official duties.

Accordingly, the Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended in consideration of the circumstances, such as the fact that the police officer's head, who performs his/her duties in sentencing under Article 62-2 of the Social Service Order Act, was given a time to breath of the police officer's head, who is lowering his/her body, and the method of violence is extremely serious and that the police officer's method of violence is extremely insulting; however, the execution of a sentence shall be suspended, and community service shall be ordered to prevent recidivism and edification (Defendant B).

1. The summary of the facts charged is located in Mapo-gu Seoul Metropolitan Government around May 19, 2016.

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