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(영문) 서울남부지방법원 2017.10.13 2017고단3268
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

around 21:30 on February 12, 2017, the Defendant: (a) boarded C-si operated on the street of Guro-gu Seoul Metropolitan Government as a guest; (b) was on the street near the mountain basin in Gangseo-gu Seoul Metropolitan Government, the purpose of which is at around 21:55 on the same day; (c) but (d) the Defendant was running the taxi after passing through the destination of the said B; (d) while engaging in a dispute over the payment of B-B and charge at the taxi located in the front of Gangseo-gu Seoul Metropolitan Government D on the same day, the Defendant was arrested of the police officers belonging to the Gangseo-gu Seoul Metropolitan Police Station E-gu Seoul Metropolitan Police Station, who were called upon 112 on the ground of assault and insult of the said B, and was arrested as a current offender by the police officers belonging to the Gangseo-gu Seoul Metropolitan Government Police Station E-gu, and became a criminal escort of the Seoul Police Station in Gangseo-gu, Gangseo-gu, Seoul, which was located in 73 in the valley.

On February 12, 2017, at around 23:55, the Defendant took a bath to the victim G (V, 34 years old) of the police station of Gangseo-gu Seoul Special Metropolitan City, where the Defendant was arrested as a flagrant offender while waiting to hand over a new disease without disclosing his personal information, and the Defendant took a bath to the police officer of the police station of Gangseo-gu Seoul Special Metropolitan City, the police station, where the Defendant was arrested as a flagrant offender, and the police officer of the police station of Gangseo-gu, Seoul Special Metropolitan City, where the Defendant took care of the victim G (V, 34 years old) of the police officer of the police station, and the Defendant took care of the victim by walking the Dao, the victim was faced with the lower-class table in front of the victim's left side, and caused about two weeks of treatment to the victim.

As a result, the Defendant interfered with legitimate execution of duties concerning criminal investigation and maintenance of order after arresting a police officer in a flagrant offender, such as surveillance and in-house service, and inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written diagnosis of injury to G;

1. Application of CCTV image Acts and subordinate statutes;

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 Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of penalty;

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