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(영문) 서울남부지방법원 2019.01.21 2018고단4832
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date when this judgment has become final and conclusive against the Defendants, each of the above.

Reasons

Punishment of the crime

1. Defendant A: (a) around August 24, 2018, at around 15:47, around the D cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government, Defendant A discovered that the Defendants had not sufficiently heard the Defendant’s argument in the said singing room by police officers G, etc. belonging to the Seoul Young-gu Police Station F District Police Station, who were sent to the said singing room after receiving a report that the Defendants would be able to bread with other customers near the said place; and (b) obstructed the lawful performance of official duties of the said G, such as: (c) discovered the progress of the said G driving patrol car in front of the said D cafeteria; and (d) obstructed the progress of the said part of the said G, by driving the said patrol car toward the said patrol vehicle.

2. Defendant B attempted to arrest the above H as an offender in the act of obstruction of performance of official duties at the above date, time, and place, and obstructed the legitimate execution of official duties concerning the arrest of the person in the act of committing an act of committing an act of obstruction of performance of official duties by putting his friendship into a net flaps and sping the flaps of the above G.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Protocol of the police statement concerning G;

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

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act and the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there is no criminal record other than a fine for violation of the Military Service Act; Defendant B does not have any criminal record; Defendants reflect the instant crime, and the degree of obstruction of performance

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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