beta
(영문) 서울남부지방법원 2016.09.01 2016고단2921

공무집행방해등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From June 3, 2016 to June 23:25, 2016, the Defendants conspired to interfere with the duties of the Defendants, and thereby interfered with the operation of the victim restaurant by force, such as gathering beer residues (50CC) on the floor and allowing customers in the restaurant to get a sound, on the ground that the 1st floor of the D hotel located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan City) has been drinking alcohol in the F cafeteria of the Operation of the Victim E, and the drinking value has been added.

2. When Defendant A’s obstruction of performance of official duties, and the Defendant injured the victim from the victim H (the age of 40) of the Seoul Yeongdeungpo Police Station G, Seoul Young Military Police Station G, which received 112 reports at the same date and time and place as set forth in paragraph (1), the victim was arrested from the victim as a flagrant offender with obstruction of performance of official duties and obstruction of performance of official duties and obstruction of official duties, and the victim was arrested as a flagrant offender with the victim’s face at the same time and place as set forth in paragraph (1), Defendant A interfered with police officers’ 112 handling of reports and legitimate performance of duties concerning arrest of flagrant offenders, and at the same time, Defendant 2 interfered with the victim’s oral communication requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. Application of the respective laws and regulations of I, J, K, and E;

1. Relevant legal provisions pertaining to criminal facts A: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 314(1) and 30 of the Criminal Act (the point of obstruction of official duties), Article 257(1) (the point of injury) and Article 314(1) and Article 30 of the Criminal Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

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

1. Defendant B of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act