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(영문) 서울동부지방법원 2016.04.20 2016고단89
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendant A around 14:40 on December 26, 2015, at “D cafeteria” located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant demanded the Defendant to present his identification card when the police officer F of the police box affiliated with the Seoul Gwangjin Police Station E box called up after receiving 112 reports at around 14:40 on 16 December 2015.

“Along with sound and hand, the neck of the above police officer was pushed down.”

Therefore, the above police officer's defect that the defendant tried to arrest the defendant as a current offender continued to have pushed the above police officer by hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention, suppression and investigation of crimes, public peace and maintenance of order.

2. Defendant B, who is the Defendant’s driver at the above temporary location, sound that the above Party A, who is the Defendant’s driver, tried to arrest the Defendant as the current offender as seen above, “wek wk wk”, and flicked the shoulder of the police officer G belonging to the above police box as his hand, and flicked and flicked.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention, suppression and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (in respect ofCCTV images),

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense. Article 136 (1) of the said Act (Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The basic area ( June - 1 year and 4 months) of the 1st category (Interference with the performance of official duties and coercion of duties) [the decision of sentence] of the Defendants reflects the depth of the Defendants, and the Defendants committed this case in a contingent manner in the whole context (the Defendants were physically and mentally lost or physically weak at the time of committing the crime).

(A) Defendant A shall be punished in addition to punishment of a fine of 700,000 won due to driving under the influence of alcohol at around 205.

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