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(영문) 서울서부지방법원 2016.09.09 2016고단1842
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 02:00 on May 30, 2016, the Defendant took a bath on the ground that the victim D returned to his/her destination within the taxi (E) driven by the victim D on the road front of the C hotel located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan City, and took three times at the back of the victim’s back in the taxi operation.

Accordingly, the defendant assaulted the victim who is operating a taxi.

2. On May 30, 2016, at around 02:05, the Defendant: (a) took a bath, such as “this weather bomb,” on the ground that G, a police officer belonging to the F District, dispatched on the street of the Seoul Mapo-gu Seoul Mapo-gu Public Security Center, after receiving a report from the said victim, said victim was said to pay the taxi fee and return home, and said G, a police officer belonging to the F District, called “I am back. I am out. I am out. I am out. I am out.” The Defendant took the back of G at one time due to drinking.

Accordingly, the defendant interfered with police officers' legitimate performance of duty of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor 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 suspension of execution (i.e., reflectivity and the fact that there is no record of punishment for the same kind of crime);

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