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(영문) 서울동부지방법원 2013.07.05 2013고단655
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On February 11, 2013, at around 03:30, the Defendant reported to the police officer F and G belonging to E police box by drinking alcohol at the Defendant's female-friendly C's house located in Gwangjin-gu Seoul Special Metropolitan City, and drinking alcohol together at the Defendant's house, and reported to the above D's 112. On February 11, 201, the Defendant notified the Defendant that the above D's face outside the above house was arrested by the police officer beyond the floor of the above D as an act of assault, and attempted to arrest the Defendant. The Defendant stated that "Ig, spathabab,” and she was frighting the police officer to drinking together, and she did not go beyond the above F's upper part of the above G's left part so that the police officer did not take the 3rd part of the above G's chest, and did not see the Defendant's chest and she did not see the Defendant's chest on the same day.

In collusion with the above C, the Defendant interfered with the legitimate execution of duties by police officers with respect to the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the said victim G (the age of 56) by an internal inspection and injury, such as an internal inspection, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. The application of statutes, including photographs and opinions on damage;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession of and reflect on a criminal conduct, deposit of KRW 500,00 for a victimized police officer, the fact that there is no criminal record similar to or similar to a fine for a relatively insignificant different species of punishment, and circumstances such as family relationship

1. Probation and community service order under Article 62-2 of the Criminal Act;

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