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(영문) 서울서부지방법원 2017.09.20 2017고단1884
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2017, at around 01:25, the Defendant: (a) reported on “C” restaurant located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) 112 in front of the restaurant; (c) and notified that “A male is female, female,” and (d) the circumstances in which the police officer affiliated with D District Unit of the Seodaemun-gu Police Station D police station, and F, upon receiving the Defendant’s request from the Defendant’s female-born G to “a request to have the Defendant returned home after separation from the Defendant”; (c) the Defendant: (d) taken a patrol vehicle to take a measure for returning home; (d) opened the front door and the body of the vehicle; (e) prevented the movement of the vehicle; and (e) obstructed the above F by taking the h’s face to the end of the patrol; and (e) threatened the said E with the Defendant’s desire to take the son’s hand; and (e) caused the assault, i.e., the instant E., f., f., f., h.

As a result, the defendant interfered with the legitimate execution of duties concerning police officers' 112 reports and crime prevention.

2. The Defendant, from around 01:25 on April 2, 2017 to around 01:45, 201: (a) continuously expressed a large voice, such as “F, at the same place as Paragraph 1; (b) the victim background sent out to the scene as the background mentioned in Paragraph 1; (c) the victim E; and (d) the victim police officer (“F”) the victim’s crypology, cryp, cryp, a woman-friendly fluor; and (c) the cryption of the fluor,” and continued to take a hump to the victim F.

The victims were openly insulting while the five to six players are reported.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. 112 Report processing statement and investigation report (G telephone statement) legal application;

1. Articles 136 and 311 of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. Social service order under the Criminal Act;

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