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(영문) 서울중앙지방법원 2020.12.03 2020고단6552
공무집행방해
Text

1. The Defendants shall be punished by imprisonment with prison labor for ten months.

2. However, as to the Defendants, each of the above judgments is established.

Reasons

Punishment of the crime

1. On November 2, 2020, at the front of Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) reported 112 telephone and solicited the head of the E-cating Police Station D District of Seoul, which called “I wish to return home,” and (b) “I wish to go home to the patrol car he wanted to go home,” and attached a door to the driver’s seat of the patrol car he wanted to go to go on; (c) By cutting off the e-baton and bat off the fat; and (d) assaulted the F slope's body of the F slope belonging to the same global belt.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

2. When Defendant B was arrested as a flagrant offender with obstruction of performance of official duties as described in the preceding paragraph at the time, time, and place mentioned in the preceding paragraph, the Defendant assaulted Defendant B’s face of the F slope face belonging to the D District Unit, who arrests B, in hand, once in hand, and assaulted Defendant B’s face of the G border belonging to the same District Unit, who restrains the arrest of B.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Each protocol of suspect interrogation of the police against the Defendants’ respective legal statements

1. Each police statement of the E, F, and G;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to public gathering video;

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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 of the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act for probation is that the defendant A was punished once as a fine for the same kind of crime, and the defendant B was sentenced to a suspended sentence of two years in October due to a special injury crime, and this case was dispatched after the defendant A received a report.

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