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(영문) 서울중앙지방법원 2016.09.21 2016고단4064
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant has weak ability to discern things or make decisions due to stimulative disorder, etc.

around 18:29 on June 13, 2016, the Defendant: (a) received a report from the second floor of the Seoul Jung-gu Seoul Metropolitan Government C Building; (b) received a 112 report from a person who does not leave the building; and (c) received a request from E and Police Officer for identification verification and removal from the building; and (d) did not comply with the request, and (e) made a request from E and Police Officer for evacuation from the building; and (b) made a boom to leave from police officers.

Then, the Defendant committed assault, such as taking three times the head of the F, taking three times the face of E, taking three times the face of E, walking a part of E, walking a part of E, and walking a part of E in one time.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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