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(영문) 서울동부지방법원 2017.12.22 2017고단3332
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 29, 2017, at the Songpa-gu Seoul building, around 19:45, the Defendant suffered injury by the victim C (67 years of age) who was a security guard, using toilets in the said building, and then used the toilets in the laver, and then released the Defendant to the outside of the building, and then the entrance was locked up, and the victim’s face to walk the entrance several times due to the string of the entrance was 4 times, and the victim’s mouth was able to walk the entrance more than three times, and the victim’s mouth was able to walk up three times to walk the mouth, thereby causing injury to the victim, such as damage to the bubble, which is deemed necessary to treat the victim for about two weeks.

2. When a policeman E belonging to the Song-gu Police Station D District, who was dispatched to the site after receiving a report on the 112 fact that the Defendant is wraping both men and women at the place at around 20:00 on the same day, arrested the Defendant as a flagrant offender for the criminal facts under the preceding paragraph, whether the Defendant “I am Chewing feas, and why I am hick.”

“The face of the above E, as a drinking, was hicked at one time, was wheeled with the hand-to-be, and assaulted by walking the E Hebbbbbbbbbbs.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C, E, and F;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the first type of crime (crime) [the scope of recommended punishment] is the basic area of the first type of general injury (crime 1 to 1 year), the mitigation area (special mitigation person), the punishment non-won (including serious efforts for recovery from damage), or the second type of crime (in the case of recovery from damage), where considerable damage has been restored, the scope of recommended punishment / [the scope of recommended punishment ] the first type of crime (Interference with the performance of public duties / coercion of duty / one year or 6 months).

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