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(영문) 서울남부지방법원 2014.09.03 2014고단2573
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 12, 2014, around 01:15, the Defendant assaulted E who is a woman living together with the Defendant at the Defendant’s residence located in Guro-gu Seoul Metropolitan Government D1st, and the above E went out of the defect.

At around 01:25 on the same day, the Defendant, at the front of the Seoul Guro-gu Seoul Metropolitan Government, was called up after receiving the above 112 report, and was assaulted by the police officer, such as spitation or spitation of the above police officer, who was a police officer of the G District G District of the Seoul Guro-gu Police Station, to find the Defendant, to find inquiries to find the fact, and to the effect that the Defendant was able to ask questions, to see the defects, to see the police officer's own "to satisfafafafafaf fafaf faf faf faf fafa

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Application of each police protocol to H and I;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The defendant and his defense counsel asserted that the defendant had been under the influence of alcohol at the time of committing the crime of this case, and that the defendant had lost or weak ability to discern things or make decisions.

2. According to the evidence duly adopted and examined by this court, it can be acknowledged that the police officer dispatched at the time of the investigation by the police was a police officer in the uniform of the police, and that the police officer knew of his desire and assaulted against him, and that the police officer dispatched at the time of the investigation by the prosecution was in the uniform, and that the police officer knew that he was a police officer.

As above, at the time when the defendant was investigated by the investigative agency, he/she shall be convicted of the background and contents of the crime.

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