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(영문) 서울서부지방법원 2016.03.29 2015고단3279
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 16, 2015, the Defendant interfering with his/her duties: (a) was on board a cab operated by the victim D in front of the police box located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on December 16, 2015; and (b) was damaged by the victim who was a taxi driver.

Although having made a series of remarks, the said taxi engineer said that “I am aware of the fact”.

Accordingly, upon receiving the demand from the taxi driver, the defendant, the defendant, was faced with the victim, and he was drinking.

Accordingly, the defendant interfered with the victim's taxi operation by force.

2. The Defendant interfered with the performance of official duties at the date, time, and place prescribed in paragraph 1 at the time, at the place prescribed in paragraph 1, to whom he was urged to return home from the policeman F (26 years old) affiliated with the Defendant’s Seoul Western Police Station C (26 years old), who was dispatched after receiving a report from the Defendant to the effect that the Defendant “I am going to go to the police while I am going to go to the taxi without going to the destination, while I am going to take a bath without going to the taxi;

C Ma Ma, where hexa, Mazen, Mazen, and the head of the above police officer's uniforms as a drinking.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their official duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts, the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., the fact that the defendant has recognized his mistake and repented, and the victims have not been injured due to

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