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(영문) 서울북부지방법원 2016.05.20 2016고단813
공무집행방해
Text

Defendant

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

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:00 on February 28, 2016, Defendant A: (a) on the street in front of the “D” convenience store located in Seoul Special Metropolitan City, Nowon-gu; (b) on the ground that a policeman affiliated with the Nowon Police Station E District, who was called by the Defendant and B to the said place after receiving a report of 112 to assault other customers, asked the Defendant questions; and (c) on the ground that the police officer affiliated with the Nowon Police Station E District, who was called to the said F, was able to ask the Defendant about the confirmation of the reported content, Defendant A assaulted the chest parts of the said F on hand

2. Defendant B, at the time and place indicated in the preceding paragraph, arrested A as a current offender who interfered with the performance of official duties and arrested B as a member of the Nowon Police Station E District, and tried to get the said G to board the patrol vehicle, walking the above G, etc. one time, and assaulted B’s breast part of the said G, with his hand, thereby obstructing the legitimate performance of duties in relation to the criminal investigation of the said G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Each statement of H, I, and J;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Criminal Act and each defendant's choice of punishment concerning the facts constituting an offense: Article 136 (1) of the Criminal Act;

1. Each defendant of a suspended execution: Article 62 (1) of the Criminal Act;

1. Each defendant of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] No person who has no basic area (from June to January 1) (the person who has been subject to special sentencing] [the decision of sentencing] [the defendants reflect in depth the defendants' mistake, there is no record of punishment heavier than the suspended sentence, the defendants' occupation and living environment, etc. shall be determined as per the order.

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