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(영문) 서울북부지방법원 2016.04.21 2016고단746

공무집행방해

Text

Defendants shall be punished by imprisonment for six months.

However, the Defendants are above the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인들은 친구 사이로, 2016. 1. 8. 17:20 경 서울시 도봉구 D에 있는 피고인 B 운영의 ‘E’ 식당에서 함께 술을 마시다가 시비가 되어 바닥에 소주병을 던져 깨뜨리고, 서로 몸싸움을 하는 등 소란을 피워 피고인 B 처의 신고를 받고 출동한 서울 도봉 경찰서 F 파출소 소속 경위 G, 순경 H으로부터 제지 당하자 피고인 B은 위 G에게 “ 야, 씹새끼야 꺼져 ”라고 욕설을 하면서 G의 계급 장과 넥타이가 떨어질 정도로 동인의 멱살을 잡아 세차게 흔들고, 피고인 A은 위 H에게 “ 야, 짭새 새끼들 아 꺼져 ”라고 욕설을 하면서 H의 가슴 부위를 밀치고, 멱살을 잡아 흔들었다.

As a result, the Defendants conspired to perform their duties on the protection of police officers G and H’s body and the maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. The F police box service, the list of reported cases, each photograph, and the field video CD in the instant case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see the reason for sentencing) of the suspended sentence under Article 62(1) of the Act on the Suspension of Execution of Official Duties for Police Officers G [the scope of a recommendation], and the basic area (from June to one year and four months) of the Act on the Suspension of Execution of Official Duties for Police Officers G (the scope of a recommendation] (the scope of a recommendation] that there is no person subject to special sentencing [the scope of a recommendation], the basic area (from June to one year and four months) of the Act on the Suspension of Execution of Official Duties for Police Officers H (the person subject to special sentencing] (the person subject to special sentencing] (the scope of a punishment), the basic area (from one year to four months) of the Act on the Suspension of Execution of Official Duties, and the scope of the final sentence according to the aggravation of multiple crimes: Six months to two years [the decision of sentence], and the State needs to be strict to protect legitimate public duties and to establish sound social order.