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(영문) 서울북부지방법원 2017.05.31 2016고단5813

공무집행방해

Text

Defendants shall be punished by imprisonment for four months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B around 16:30 on September 23, 2016, around 16:30 on a crosswalk in front of Seoul, parked a motor vehicle Ework in the crosswalk, and G who is a public official of the Franchis Office, and H who is a social service personnel, tried to notify Defendant B, the first driver of Defendant B, who was at the site, to regulate parking.

Defendant

A, at the same time and place as above, has pushed the Ha's chest, who is social service personnel, into a elbow and breath, prevented parking control, and deducted a notice of violation of parking regulations in front of a stringn vehicle, and "whether the vehicle is immediately feld by felg felg."

Defendant B, who was in contact with Defendant A and was on the spot, was pushed down with the shoulder of the above H in good hands.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the crackdown on parking of social service personnel who are public officials.

Summary of Evidence

1. Each legal statement of the witness H and witness G;

1. A copy of the Stick issued to regulate the vehicle of the person under control;

1. Investigation report (investigation into uniforms and control vehicles of victims at the time of performance of official duties), and the site photographs taken by a witness G;

1. Application of Acts and subordinate statutes to investigation reports (112 Reports, sound recording and reporting of social service personnel);

1. Articles 136(1) and 30 of the Criminal Act and the choice of imprisonment with prison labor for the crimes in question;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the Suspension of Execution;

1. Defendant A of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. Except where Defendant B was sentenced to a fine in around 2001, the sentence is deemed to have no criminal history against the Defendants, and Defendant B appears to have caused the instant crime by contingency, seeking to block physical fighting between Defendant A and H.