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(영문) 서울남부지방법원 2017.05.11 2017고단866
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 22, 2017, around 00:30, the Defendant was arrested and detained in the act of assaulting, D, etc. on the street in front of the Guro Police Station C District, Guro-gu Seoul, Seoul, and was committing an injury to the victim E (the police officer of the Guro Police Station C District) who is the police officer belonging to the Guro Police Station C District, while taking a desire to breathize the victim E (the victim 49 years old), who is the police officer belonging to the Guro Police Station C District, and breathing the victim's hand, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported duties, and at the same time, the Defendant sustained the victim's multiple injuries, such as a hand open wound, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to a report on dispatch of violence scene;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. While assaulting a police officer on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act and inflicting bodily injury upon him/her, a punishment as ordered shall be determined in light of the following circumstances: (a) there was a misunderstanding; (b) there was an agreement with a victimized police officer; (c) the primary offender was a crime; and (d) motive, means and consequence of the crime; and (c) other circumstances

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