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(영문) 서울북부지방법원 2015.09.24 2015고단2580

공무집행방해등

Text

1. The defendant A shall be punished by imprisonment for eight months;

However, for two years from the date this judgment becomes final and conclusive, imprisonment with prison labor for Defendant A.

Reasons

Punishment of the crime

1. At around 02:20 on May 30, 2015, Defendant A issued a notice of payment of light crime penalty to police officers G belonging to the F District Police Station of Seoul Labor-gu Seoul Special Metropolitan City, a police officer G, and the Defendant’s daily activities of the Defendant, who had the high character of H, who was called out after receiving 112 a report that the occurrence of violent incident occurred, in the front of the Victim E’s house located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and damaged the victim’s house gate by making the victim’s house gate potable and 1.20,000 won of the repair cost.

2. Defendants A, at the same time and at the same place as in the preceding paragraph, expressed that the police officer G expressed that “I am the police officer,” “I am the Chewing feas,” and she was drinking at one time.

Defendant

B The police officer H puts the H’s neck and breast with the defect that he tried to arrest Defendant A as a flagrant offender under the suspicion of obstruction of performance of official duties, and Defendant A assaulted the her breast with his finger hand and her hand.

As a result, the Defendants conspired to interfere with the legitimate execution of official duties concerning the dispatch duty of the police officer 112 report.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of each police statement of E, G, and H;

1. Written estimate;

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Relevant Article 366 of the Criminal Act, Articles 136(1) and 30 of the Criminal Act (Optional to Imprisonment with prison labor) concerning the crime committed by Defendant A, Articles 136(1) and 30 of the Criminal Act (Selection of Fine)

1. Articles 40 and 50 of the Criminal Act (Punishments stipulated in the crimes of obstruction of performance of official duties against G of police officers who committed serious crimes in the crimes of obstruction of official duties);

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. The suspended execution (Defendant A) agreement on the crime of causing property damage against the error of Article 62(1) of the Criminal Code, and the same mistake in the future.