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(영문) 서울남부지방법원 2014.11.05 2014고단3357
공무집행방해
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, around 05:40 on August 24, 2014, at the street of “National Bank,” located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, 3:3, the Defendant: (a) prevented two male men on the ground of his name in the D District Unit of the Seoul Yeongdeungpo-gu Police Station D District Station from being able to avoid disturbance and end back home; and (b) said E, the Defendant Da Da Da Da Da expressed that “Iri-Sak, I will come to go to me.”

The F of the same global belt assaulted twice the F's shoulder on the ground that the F of the same global belt prevented the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the host.

2. Defendant B, at the time and place indicated in the preceding paragraph, expressed that the circumstances leading up to the Seoul Yeongdeungpo Military Police Station D District Unit G was to arrest the said A as an offender in the crime of obstruction of the performance of official duties, and expressed that “I are fluorial, why is,? I do not fluor. I do not fluor the death of this fluor,” the Defendant 1 took the following parts of the G, and went beyond the body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some prosecutorial suspect interrogation protocol against the Defendants

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of H and E to each written statement;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. The need for strict punishment for the crime of obstruction of the performance of official duties in order to establish the legal order of the country where the sentence was rendered and eradicate the light of public authority, and the Defendants are already punished for the same kind of crime.

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