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(영문) 서울동부지방법원 2016.09.29 2016고단2325

공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. On June 22, 2016, the Defendant infringed on a structure: (a) caused disturbance, such as gathering of a cell phone from the front door of the “F” in Gwangjin-gu Seoul Special Metropolitan City E, which was managed by the victim D, by drinking alcohol around 13:53 on June 22, 2016; (b) caused the disturbance, such as putting the cell phone at the front door of the building and going up to the front door.

Accordingly, the defendant invadedd on the building managed by the damaged person.

B. The Defendant damaged property, upon receiving a demand from D at the time and place set forth in the preceding paragraph, laid down the ownership of the above Council and the management ledger of the visitors kept in the front room of the entrance, and the amount equivalent to KRW 20,000 of the electronic visual market value on the floor.

(c)

At around 14:10 on the same day, the Defendant: (a) expressed the desire to refrain from any disturbance by the security guards assigned to the Seoul Mine Police Station G (Seoul), who was called upon D’s report; (b) was arrested by the police officer in the act of obstructing the performance of official duties; and (c) was arrested by the police officer in the act of obstructing the performance of official duties; and (d) committed assault by the police officer assigned to the said police officer by her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. Defendant B expressed a bath to H on the grounds that H intended to arrest one’s own behavior, at the time, and at the place specified in paragraph (3) of Article 1, as seen above, and assaulted H’s chest by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to H, I, and D;

1. Application of each written statement, each photograph, and each of the Acts and subordinate statutes reporting an investigation;

1. Relevant Article of the Criminal Act and the defendant A who has the option to punish a crime: Imprisonment with prison labor under Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act;