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(영문) 서울서부지방법원 2015.09.15 2015고단1651
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On July 5, 2015, at around 21:10, the Defendant: (a) was asked by the police officer, who was dispatched after being reported 112 prior to the Eunpyeong-gu Seoul Metropolitan 477, the Eunpyeong Police Station C commander of the Seoul Eunpyeong Police Station, about the background of assaulting E and F, etc. by the police officer, who is a police officer affiliated with the Eunpyeong Police Station C commander of the Seoul Bupyeong Police Station, “I am debate bit bit bit bit bit bit bit bit bit bitch, face, back, etc., which was assaulted by the police officer, and interfered with legitimate execution of duties concerning crime prevention, suppression, and investigation of D, who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (Handphones and video closure photographs);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act recognize and reflects the defendant's mistake in sentencing, the defendant has no record of punishment other than the punishment of a fine due to an act of violence in 191, and the defendant has no record of punishment other than the punishment of a fine. In addition, the sentencing conditions indicated in the records, such as the circumstances of the crime in this case, the defendant's age

Public Prosecution Rejection Parts

1. 공소사실 피고인은 2015. 7. 5. 20:58경 서울 은평구 증산로 477에 있는 응암역 안내센터 앞을 지나가던 중 안내센터 안에 있던 응암역 역무원인 피해자 E(39세)이 자신을 노려본다는 이유로 위 E에게 “이 새끼야, 뭘 쳐다 봐”라고 욕설을 하며 주먹으로 그의 얼굴을 수 회 때리고 발로 다리를 수 회 차고, 옆에서 지나가던 피해자 F(45세)이 자신을 말리려 한다는 이유로 위 F의 다리를 발로 1회 차고 주먹으로 그의 왼쪽 귀를 1회 때렸다.

Accordingly, the Defendant assaulted the Victim E and Victim F respectively.

2. Each of the above facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent in accordance with Article 260(3) of the same Act.

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