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(영문) 서울중앙지방법원 2018.02.09 2017고단9044
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 10, 2017, at around 00:40 on December 10, 2017, the Defendant, at the residence of the Defendant located in Gangnam-gu Seoul, “b,” and “battering the wife,” took a bath to D, a police officer affiliated with the police box of the Seoul Gangnam-gu Police Station C police station, Gangnam-gu, Seoul, who was called up after receiving 112 a report, and obstructed police officers’ legitimate performance of official duties in relation to the prevention, suppression, and investigation of the above D’s breast part by hand. A police officer, who was a police officer assigned to the same police box of the same C police box where he was restrained, took one time in hand, was pushed of the chest part of the E’s chest part, and interfered with the police officers’ legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes to a criminal investigation report (112 Report Settlement Division);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is a case where the defendant committed an assault against police officers in the course of performing official duties, and its circumstances, method, etc. are not good in light of the quality of the crime. In addition, the background leading up to the crime of this case, degree and result of the crime, circumstances after the crime of this case, the age of the defendant, health, sexual behavior, environment, etc.

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