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(영문) 서울남부지방법원 2018.04.11 2017고단6552

공무집행방해

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On December 9, 2017, at around 18:50 on December 18, 2017, Defendant A explained the reasons why F was dispatched to the position of the Seoul Yangcheon Police Station E District, which was called out after receiving a report of 112 that he was aware of the drinking value, Defendant A expressed his desire to “I am h, why and why you will find the inside, and how you will grow up,” and “I am the breast part of F on a drinking house.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

2. The Defendant B, at the time, at the place specified in paragraph 1, finds A arrested as an offender in the act of interfering with the performance of official duties for the foregoing reason and opens a chief door of the patrol car and “a Chewing, where it would be done”;

The F interfered with the progress while getting off, and the F was urged to return home to the Defendant, and the F was pushed off with the outer booms that the F was suffering in two hands.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders and the handling of cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to G and F;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 136(1) and 136(1) of the Criminal Act; Defendant A’s imprisonment; and Defendant B’s each choice of fine

1. Defendant B who is detained 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 B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Criteria for sentencing against Defendant A [the scope of recommended punishment] The basic area (six months to one year and six months) (no person who is subject to special sentencing] in the scope of interfering with the performance of official duties

2. The details and contents of each of the crimes of this case, the degree of damage, confession, and the violation of the sentence against the Defendants, and the Defendants prior to this case.