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(영문) 서울남부지방법원 2015.12.23 2015고단4194
공무집행방해
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

On September 26, 2015, at around 21:05, the Defendants assaulted Defendant A, in front of the exit route No. 12, the subway line No. 7, the subway line No. 137, the Yeongdeungpo-gu Seoul Metropolitan City Do Forest, Defendant B, who was in compliance with the Defendant B’s order, on the ground that Defendant A was removed from E from the police officer belonging to the Seoul Yeongdeungpo-gu Police Station D who was dispatched after receiving a report, and Defendant B was sent back on the front of the exit route of the subway line No. 137, which was located in Yeongdeungpo-gu Seoul Metropolitan City Do Do 137.

Accordingly, Defendant B, along with Defendant F, committed assault, such as f, who tried to arrest Defendant A as a flagrant offender, such as obstruction of performance of official duties, with Defendant B, who was in a fluorous and fluorous manner.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act for each suspended sentence (hereinafter referred to as “contributive circumstances”)

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. In the event that the Defendants conspired to commit violence against police officers, thereby hindering the exercise of legitimate public authority, it is not very good to commit such crime and requires strict punishment in order to establish public authority.

However, the defendants recognized their crimes, the crime of this case was committed in a drunken and contingent manner, and the degree of damage suffered by police officers is not significant, and the defendants have no criminal power to be punished in Korea.

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