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(영문) 서울북부지방법원 2016.05.11 2015고단2273 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2015, around 08:24, the Defendant, along with B, was instructed to stop in the E-5 vehicle driven by D on the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, by means of the police box affiliated with G and the police box affiliated with the Seoul Gwangjin-gu police station, where the driver of the said vehicle seems to have been under the influence of drinking.

Nevertheless, D, in response to this, runs away approximately 7 km from the entrance of the Seoul Special Metropolitan City, Nowon-gu, and it was difficult to escape due to the vehicle's body at that place, and even after stopping at the vehicle and making a declaration of 112 suspicion of drinking from G and H, it continued to escape.

Accordingly, G and H, who gets off the patrol car, attempted to arrest a current offender who committed a violation of road traffic law (drinking driving), and the Defendant and B interfered with the above arrest due to the following: (a) the Defendant and B put a D, which attempted to escape according to G and H to prevent this; (b) leading him to the hand and body of G and H’s hand; (c) the Defendant attached D; (d) put the body of the above G, which goes beyond the ground, put him into a double hand; and (d) flap the flaps of H’s flaps.

Accordingly, in collusion with B, the Defendant interfered with the legitimate execution of duties of police officers in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Statement B in the third public trial protocol;

1. A protocol concerning the examination of the suspect of the defendant, D, or B by the prosecution;

1. Statement made by the prosecution with respect to G and H;

1. 112 Application of the 112 Reporting List and the Act and subordinate statutes on Criminal Investigation Report (Woman’s Statement);

1. Article 136 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The crime of this case on the ground of the sentencing of Articles 40 and 50 of the Commercial Concurrent Crimes Act was committed by the defendant jointly with D and B for active purposes of evading the arrest of D, and the police officers assigned to force assist the police officers.

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