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(영문) 서울북부지방법원 2015.07.10 2015고단1818

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2015, the Defendant: (a) 02:00, the Defendant was arrested as a flagrant offender with D and E, who are working for the installation of a signboard for nearby buildings on the front side of the Seongbuk-gu Seoul, Seongbuk-gu Seoul Metropolitan Government, without any justifiable reason; (b) on the same day, at around 02:20 of the same day, the Defendant was arrested as a flagrant offender with G in the position of the F Zone of the Seoul Southern Cancer Police Station, who was dispatched to that place after being reported at around 02:20 and 112 of the same day.

1. 피고인은 같은 날 02:30경 서울 성북구 I에 있는 F지구대 주차장에 도착한 순찰차 뒷좌석에서 잠을 자던 중 위 G이 피고인을 깨우면서 일으키려고 하자 주먹으로 위 G의 얼굴을 2회 때리고, 발로 위 G의 다리를 1회 걷어찼다.

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

2. 피고인은 같은 날 02:34경 위 F지구대 사무실에서 위 H으로부터 인적사항 및 신분증 제시 등을 요구받자 발로 위 H의 몸통과 팔을 3회 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Damage photographs (the sequence 8,11 of the evidence list);

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Social Service Order Act: Group 1 (Scope of Recommendation) of the Act on the Performance of Official Duties; Group 2 of the Act on the Performance of Official Duties, which has no basic field (6-1-4 months) [the scope of Recommendation] of the Act on the Performance of Official Duties; Type 1 (6-1-4 months] of the basic area (6-1-4 months) of the Act on the Performance of Official Duties; the scope of final sentence due to the aggravation of multiple crimes, which has no special person: Six months to two years (decision of sentence).