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(영문) 서울서부지방법원 2016.06.24 2015고단2680

공무집행방해

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 1, 2015, at around 03:50, the Defendants called “E” in Eunpyeong-gu Seoul, with the report of 112 that she was destroying the door of the said store exhauster, the Defendants stated that the Defendants treated the Defendants to the above G and the above H as a criminal of sexual intercourse from police officers G and police officers assigned to the F box of Eunpyeong Police Station F boxes, who were asked questions of the Defendants by the Defendants. Defendant A expressed that the above police officers treated the Defendants to the above G and the above H as the criminal of sexual intercourse. Defendant A expressed that “I wanted to bit bit bit bit bit bit bit bit bit bit bit son, died, and how I died of the above H’s chest”, and Defendant B expressed the Defendant’s son’s son’s son’s son by her hand at 5-6 times son and son’s son’s son’s son’s son’s son’s son at the same time.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to CDs (1, 2) on video data in front of the E-maintenance shop;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 136(1) and 30 of the Criminal Act; the Defendants’ choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. The Defendants of the community service order: The sentencing of Article 62-2 of the Criminal Act shall be determined as ordered in consideration of the various circumstances shown in the trial of the instant case, including the following: (a) the basic area (from June to one year and four months) (the person who has been subject to special sentencing) (i.e., sentencing) (i., June to six months); (b) the background leading up to the commission of the crime; (c) the degree of interference with the performance of official duties; (d) the Defendants’ age, sexual behavior; (e) the environment; and (e) the circumstances after the crime.