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(영문) 서울북부지방법원 2017.04.26 2016고단5791

공무집행방해

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A: (a) around 00:30 on August 17, 2016, the Defendant: (b) demanded that a tobacco be lent to a rider on the street in Jung-gu Seoul, Jung-gu; (c) and (d) was refused, and subsequently, assaulted the above person.

Accordingly, the police officer F of the Jung Fran Police Station E, who was called upon 112 report to the effect that “A person fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to wear a fright to drink

2. Defendant B, at the time, at the time, and at the place specified in paragraph 1 above, arrested Defendant B from police officers as a flagrant offender who interfered with the performance of official duties, the police officer F's body was taken by hand, and the police officer F's body was cut off to prevent A from getting on the patrol vehicle. Defendant B obstructed the police officer's legitimate performance of duties concerning the arrest of a flagrant offender by using the police officer's body in hand, and by using the two hand, the police officer's body was cut off to prevent A from getting on the patrol vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the law of the police statement protocol to F;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendant B, on January 20, 2015, on the grounds of sentencing under Article 62(1) of the Criminal Act, Defendant A was sentenced to a suspended sentence of two years for violating the Road Traffic Act at the Seoul Western District Court on January 20, 2015, and the said judgment became final and conclusive on August 28, 2015, and committed the instant crime during the suspended sentence period; all the Defendants are against each other; the Defendants’ age, sex behavior, intelligence and environment; motive, means and consequence of the instant crime; and the circumstances after the commission of the crime shall be determined as per the order.