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(영문) 서울서부지방법원 2020.02.12 2019고단2910
공무집행방해
Text

Defendant

B Imprisonment for eight months and for six months, each of the defendants A shall be punished by imprisonment.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. On August 17, 2019, Defendant A reported to the effect that “no son remains” within the D main points located in Eunpyeong-gu Seoul Metropolitan Government, and sent out, Defendant A assaulted the police officer F of the Eunpyeong Police Station E box affiliated with the Seoul Central Police Station E box that “I am sphers, sphers, sphers, sphers, and sphers, sphers, sphers, sphers, sphers, sphers, sphers, sphers, and sphersphers, sphers, sphers, and sphersphers on the face.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of police officers F's F crime.

2. Defendant B: (a) at the same time and place as set forth in paragraph (1) of this Article, the police officer F attempted to arrest a flagrant offender committing the crime of obstruction of performance of official duties by committing a crime of obstruction of performance of official duties; (b) took away from the police officer F and left to the police officer F; and (c) assaulted the police officer G with the shoulder of the police officer G belonging to the Seoul Bupyeong Police Station Emba in order to restrain it.

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

Summary of Evidence

1. Part of Defendant A’s legal statement (the statement to the effect that the fact that the chest was sealed by hand among the facts charged is recognizable);

1. Each legal statement of the witness H, F and G;

1. Partial statement of the witness A;

1. The prosecutor's statement concerning H;

1. Each police interrogation protocol against the Defendants

1. Each police statement made to F, G, and H;

1. Police statements prepared by H;

1. The Defendant and Defendant B’s defense counsel did not perform official duties as stated in the facts charged in the judgment of the Defendants, and denied the crime, where the Defendant did not perform official duties as stated in the judgment of the Defendants.

However, in full view of the following facts and circumstances revealed by the evidence duly adopted and examined by this court, the defendants are recorded in the facts constituting the crime.

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