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(영문) 의정부지방법원 2016.11.08 2016고단3517

공무집행방해

Text

Defendants shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the Jung-gu District Court on July 5, 2016, and the said judgment became final and conclusive on July 13, 2016 and is currently under suspended sentence.

【Criminal Facts】

Defendant

A, around 13:30 on June 4, 2016, around 13:30, the patrol vehicle No. 12 parked in the front of the E Hospital located in Guri-si, and stopped the patrol vehicle, and the police officers G and security guards belonging to the F Zone of the Guri-gu Police Station, which was under the patrol in the jurisdiction, desire to “the opening is in accordance with the direction” to take the patrol vehicle from the patrol vehicle, and Defendant B expressed that “the opening is in accordance with the direction of G’s entry.” Defendant B, who notified the summary of the offense, the right to appoint counsel, and the defect in the act of committing the crime that Defendant A, who tried to arrest, brought the patrol vehicle behind G.

Accordingly, the Defendants conspired and interfered with the legitimate performance of official duties concerning patrol within police officers and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Investigation report (verification and attachment of CCTV data around the site of the incident);

1. On-site photographs of crimes, and the assault pictures of victimized police officers;

1. CCTV images CDs and other closure photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports (B) and Acts and subordinate statutes;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) (Defendant B) of the Criminal Act concerning concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendants have a history of criminal punishment for violent crimes, and in particular, in the case of Defendant B, there seems to be room for re-offending due to a large number of cases of loss of the normal booming power; and the crime related to obstruction of performance of official duties is a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, and thus, the establishment of national legal order and the eradication of the light view of public authority is severe punishment.