(영문) 서울중앙지방법원 2014.11.28 2014고단6599

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(영문) 서울중앙지방법원 2014.11.28 2014고단6599

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 8, 2014 to 20:0, the Defendant participated in the so-called 5.8 Cheongcheon Joint Meeting, which was held in front of the order of the Seoul Office of Government in Jongno-gu Seoul, Seoul, and moved to the audience after the completion of the meeting, and the defect of the meeting related to the Sewol ferry was moved to the police in the direction of luminousization with approximately 10 participants in other assemblies, and again, tried to stop to the police in the direction of the Mana City in accordance with the instigates of some participants of the assemblies, and proceed to go to the Mana.

Defendant

(2) The Defendant, at around the 22:25 of the same day, was in lawful execution of duties for the prevention of crime, suppression of public peace, and maintenance of order. However, the Defendant: (a) was in the front of Jongno-gu Seoul Metropolitan Police Agency D, who proposed the Defendant, etc., and was in the front of the E and other police officers of the Seoul Metropolitan Police Agency; (b) was in his/her hand fluor, hicking the chest part of E with his/her chest, and hicking the Defendant’s chest part of E, who was in his/her possession, and was in his/her possession at the police hick, and was in his/her face to F, who was in his/her possession under the circumstances at the time of the assembly and demonstration; and (c) was in his/her own hick, hicking, hicking, and hicking.

Accordingly, the Defendant interfered with police officers' legitimate execution of their duties on the suppression of crime or maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. An investigation report (in cases of the analysis of fests and video images and closure photographs attached thereto);

1. Application of the Acts and subordinate statutes of assembly, reporter, duplicate copy, and A collection photograph immediately after experience;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment:

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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