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(영문) 서울남부지방법원 2016.09.09 2016고단3189
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On June 2, 2016, at the crosswalk of D pharmacy located in Guro-gu Seoul Metropolitan Government on June 2, 2016, the Defendant: (a) obstructed the performance of official duties in B; (b) assaulted B with the shoulder of B three times in both hands while putting the Defendant’s friendship F, who was the Inspector of the Seoul Police Station E District of the Seoul Police Station, to control B without permission; (c) took a bath to B; and (d) assaulted B with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

2. On June 2, 2016, around 00:17, the Defendant: (a) arrested and took custody of the Defendant as a current offender of interference with the performance of official duties in the E District located in Guro-gu Seoul Metropolitan Government for the same reasons as paragraph (1); and (b) assaulted the Defendant, taking a photograph of the Defendant’s taking a bath using a smartphone for the purpose of evidence, taking a photograph of the Defendant’s taking a cabphone with the police officer belonging to the said E District for the purpose of evidence.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the investigation of crimes.

3. Around 00:25 on June 2, 2016, the Defendant: (a) arrested and took custody of the victim I as a current criminal of interference with the performance of official duties for the same reason in the E District located in Guro-gu Seoul Metropolitan Government on the grounds of paragraph (1) and (b). Around the border of the said District, the Defendant: (b) 4 female members of the J and F, the Defendant’s workplace employees J and F, and the F, the Defendant’s name-oriented female scarb, etc. were heard, the Defendant sounded the victim I to “a private person of the said District” while hearing the four members of the F, the Defendant’s workplace employees J, and the victim of the said District.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, K, G, I, and J;

1. Lritten statements;

1. Application of Acts and subordinate statutes, such as photographs and damaged images;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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