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(영문) 서울중앙지방법원 2018.02.01 2017고단8661
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around November 24, 2017, the Defendant assaulted the victim C (38 years) who was in order to board a taxi without any reason, with the victim C (38 years old) who was in order to board the taxi in his/her own hands, with the victim’s breath, followed the victim’s breath and breath, followed by the victim’s breath and breath, after having pushed the breath of the victim’s breath on his/her hand.

2. On November 24, 2017, around 03:02, the Defendant: (a) obstructed the performance of official duties; (b) at the Seoul Hyeung Police Station D and waiting room located in Jongno-gu Seoul, Jongno-gu, Seoul, Jongno-gu, Seoul, Seoul, 112-16, and (c) during the arrest of flagrant offender due to the same assault as the preceding paragraph, the Defendant Daceded C of the victim of the said assault case, who was in a flagrant offender in the same assault as that of the preceding paragraph; (c) Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order and safety management in the police station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged police officers, investigative reports, records of cases reported 112, and CCTV image photographs;

1. Relevant legal provisions and the point of violence on the crime: Article 260 (1) of the Criminal Act that interferes with the performance of official duties: Article 136 (1) of the Criminal Act (the choice of imprisonment with prison labor);

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. Crimes 1 (Obstruction of Execution of Official Duties) under Article 62(1) of the Criminal Act, the scope of punishment recommended according to the sentencing guidelines under Article 62(1) of the suspended sentence, which are the basic area (from June to January 6) (No person subject to special sentencing) [the scope of punishment recommended] under Article 62(1) of the Criminal Act, the basic area (the scope of punishment recommended from February to October) (the person subject to special sentencing) [the scope of punishment] under Article 62(1) of the suspended sentence, the basic area (the scope of punishment from February to October) [the person subject to special sentencing] under the basic area (the scope of punishment

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