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(영문) 서울동부지방법원 2017.11.23 2017고단2607
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around April 6, 2017, at around 21:25, the Defendant’s insultd D’s pharmacy located in Seongdong-gu Seoul, Seongdong-gu Seoul, and in front thereof, and the victim F, a police officer belonging to the Sungdong Police Station E District of Seoul, which was called upon receiving a report that there was a disturbance, and the Defendant made a public insult of the victims by publicly insulting the victims by “I am feas, I am dead, and I am dead, and I am am.”

2. Around April 6, 2017, the Defendant: (a) committed assault on the ground that the Defendant, who was arrested as a flagrant offender at the Seongdong-gu Seoul East Police Station E District Office located in Seongdong-gu Seoul, Seoul, demanded the Defendant to refrain from doing so while continuously desireing to do so; and (b) that “I Dop son, a police officer belonging to the said district group, walked son, a police officer of the said district group, walking her sprink son, and walking her knee.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the management of flagrant offenders and the maintenance of order by the police officers.

3. The Defendant damaged public goods, at the same time and place as referred to in the preceding paragraph, was accompanied by a fluoring of an aesthetic part of the market value used in the said district.

Accordingly, the defendant damaged public goods and harmed their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, K, and L;

1. Each police statement made to J and I;

1. Application of Acts and subordinate statutes to photographs of the dyphomatics;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for a 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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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