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(영문) 서울동부지방법원 2014.10.31 2014고단3071
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 27, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) (hereinafter “A”), following a dispute with a woman and money that she was under drinking together with a friendship or E in Songpa-gu Seoul, Songpa-gu, Seoul. Around June 22 and 35, 2014, the Defendant heard the end that she would be booming from the victim F (the age of 47) who was the customer, and she was tightly pushed the victim’s boom by hand, and the Defendant was tightly pushed the victim’s breath by hand.

Accordingly, the defendant assaulted the victim jointly with E.

2. On June 27, 2014, the Defendant was arrested as a flagrant offender for the crime under paragraph (1) of this Article, and was carried out to a H police station located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, the Defendant: (a) obstructed the performance of official duties; (b) during the process of carrying the said police station to a H police station located in Songpa-gu, Songpa-gu, Seoul; and (c) during the process of carrying the said police station to the said police station from the assistant I before the present police officer of the said police station, she sc

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders and the safe guard of the arrested person.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against F, J, and E;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence under Article 62(1) of the Act on the Suspension of Execution: Article 62(1) of the Act on the Suspension of Execution: Article 1 of the Act on the Suspension of Performance of Official Duties (the scope of recommending a person to be specially mitigated) (Article 62(1)); Article 2 of the Act on the Suspension of Execution of Official Duties (the scope of recommending a person to be specially mitigated) (Article 62(1)); Article 62(1) of the Act on the Suspension of Execution (the scope of recommending a person to be specially mitigated)

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