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(영문) 서울북부지방법원 2018.06.07 2018고단892
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A around January 4, 2018, at around 22:30, at the street in Seongdong-gu Seoul, Defendant A reported 112 on the front of the “F cafeteria” located in Seongdong-gu Seoul, and requested the police officer assigned to the Sungdong Police Station G police box, who called the fighting and returned home to the scene, Defendant A: (a) the police officer of the Sungdong Police Station G police box called “Is the flick for the flick for the flick for the flick for the flick for the flick; (b) the flick for the flick for the flick for the flick for the flick for the flick for the flick for the flick for the fl

As a result, Defendant A interfered with the legitimate execution of duties concerning the prevention and suppression of the H crime by the police officer.

2. Defendant B, at the time, at the time, at the place specified in the above paragraph (a) above, the security guards assigned to the Sungdong Police Station G police box called Defendant A to arrest Defendant A as a current offender and to proceed with the police box, and attached Defendant A’s body so that Defendant A can not be carried out by force. Defendant B was closely carried out with the flab, and carried out the flab, with the police box attached thereto.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the prevention and suppression of crimes by police officers I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of the respective laws and regulations of I, J, K and L;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the basic area (six months to one year and six months) (no person specially mitigated) shall interfere with the performance of public duties;

2. Although the nature of the crime is not good by exercising force against police officers in the course of performing official duties in the sentence of sentence, the defendants are both recognized and reflected in the crime. Defendant B is the primary offender, and Defendant B has no same record, and the Defendant’s age, occupation, sex, environment, and crime.

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