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(영문) 서울남부지방법원 2019.10.25 2019고단2475
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are legal marital relations.

Defendant

A around 23:50 on January 27, 2018, around 23:50, 112 reported that “the sound from boiler is dangerous” at the Defendants’ residence in Yeongdeungpo-gu Seoul, Seoul. Accordingly, it was confirmed that the police officer assigned to the Seoul Young Military Police Station Down Police Station D, and police officers, etc., who called up as a result of the said report, locked out the hot water inside the said residence, and that the locker’s boiler’s sound stopped, and that the police officer instructed the Defendant A, “I am her own phone to the boiler company,” and Defendant A continued to walk up the boiler’s body, including “I am hick, I am the boiler’s cell,” and Defendant B son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and Defendant B son continued to walk.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of the E and F;

1. 112 reported case handling table;

1. Application of statutes governing video CDs and tape-recordings;

1. Defendants of relevant legal provisions concerning criminal facts: Article 136 and (1) of the Criminal Act; Article 30 of the Criminal Act

1. The ordinary concurrent defendants: Articles 40 and 50-1 of the Criminal Act; the defendants who choose the punishment shall be punished by imprisonment.

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to five years;

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