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(영문) 서울동부지방법원 2015.10.15 2015고단2248
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

On 21:10 on 24, 2015, the Defendant, at around 21:24, 2015, took a bath at the Mine Police Station D District in Gwangjin-gu Seoul Special Metropolitan City, and was subject to a removal from the border E belonging to the said District E during his disturbance.

The Defendant committed violence to walk the above E in one time on the back-line of the back-line of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of order in government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes to photograph the visual images of the DNA CCTV;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the choice of imprisonment (the defendant was issued a summary order of two million won for the crime of obstruction of performance of official duties on May 29, 2009, and on May 2, 2012, the Seoul Eastern District Court has been sentenced to a suspended sentence of two years for the crime of obstruction of official duties on several occasions in addition to a suspended sentence of two years for the crime of obstruction of official duties, the degree of obstruction of official duties, etc.)

1. Article 62 (1) of the Criminal Act;

1. Part of rejection of prosecution under Article 62-2 of the Criminal Act;

1. On July 24, 2015, the Defendant, at the entrance of the “Hart” located in G in Gwangjin-gu Seoul Special Metropolitan City around 20:40 on July 24, 2015, assaulted the Victim F (the age of 60) by her hand on the ground that the Victim F (the age of 60) was unable to sell alcohol to the Defendant.

2. Determination

(a) Crimes of non-compliance with an intention (Article 260 (3) and (1) of the Criminal Act);

B. The victim’s expression of intention not to punish the victim as stated in the instant indictment agreement on September 4, 2015 after the prosecution of the instant case was instituted

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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