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(영문) 서울남부지방법원 2019.01.17 2018고단6284

공무집행방해등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2018, at around 01:55, the Defendants expressed the victim F, a police officer belonging to the Seoul Gangseo-gu Police Station E Zone E zone, who was called up after receiving 112 a report, that “Negnging feging feging fegb,” and expressed that Defendant A expressed to the victim “Anywhere he was collapsed, fegrging feb,” and the victim B expressed to the victim “this feging feb,” who was the police officer belonging to the Seoul River Station E zone E zone, in order to listen to the circumstances of the instant case.

The Defendants conspired to insult the victim as such.

2. 공무집행방해 피고인 A은 제1항 기재 일시, 장소에서, 112신고를 받고 출동한 서울강서경찰서 E지구대 소속 경찰관 H으로부터 주점에서 나가 줄 것을 요청받고도 이에 응하지 아니하고 손바닥으로 위 H의 가슴 부위를 1회 때리고, 피고인 B는 112신고를 받고 출동한 경찰관 F 등이 위 A을 현행범인체포하려고 하자 이를 만류하려 하였으나 경찰관 I이 이를 제지하자 발로 I의 정강이 부위를 1회 걷어찼다.

The Defendants conspired to commit the act of assaulting police officers H or I, thereby obstructing police officers from performing their legitimate duties in relation to preventing and investigating crimes, maintaining order, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and H;

1. G statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 311 and 30 of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; and the choice of imprisonment

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendants make a confession of each crime, and the fact that the defendant A has no other criminal records, except for the punishment imposed once by a fine, etc.);

1. Article 62-2 of the Criminal Act of each community service order;