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(영문) 인천지방법원 2015.09.03 2015고단4726
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on November 7, 2012 and completed the execution of the sentence on May 26, 2013.

Since December 2013, the Defendant, along with C, had been able to perform D’s debt-backed business against female employees in Gangnam-gu Seoul. At that time, D was a designated student who was issued a warrant of arrest with several recommendations in the Gangwon Branch Office of the Chuncheon District Prosecutors’ Office, etc.

At around 00:00 on March 4, 2014, the Defendant: G, a police officer of the Seoul Seocho-gu Seoul Seocho-gu Seoul Western Police Station, discovered an I Eccoo car in front of the above building during the patrol, and demanded D, a driver, to present identification card; however, D was not the borrower but the first floor of the above building, and was placed at the expense of D, in order to verify the identity of D, and to arrest D, the Defendant attempted to get D’s arms to get off, cut D’s arms together with C while leaving the arms to get off, and caused D to escape, put D to the body of G, such as the body of H, the body of Ha and the body of Ha, and the body of Ha, the body of Hak to escape, and the body of Hak, the body of Hak, the body of Hak and the body of Hak, the body of Hak, the body of Hak, the body of Hak and the body of Hak.

Accordingly, the Defendant conspiredd with C to assault the above G and H, thereby obstructing the legitimate execution of duties in relation to the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. A copy of each police statement made to G and H;

1. Previous record: The current status of personal identification and confinement, and the application of criminal records-related Acts and subordinate statutes;

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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case with the reason for sentencing Article 35 of the Criminal Act among repeated offenders.

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