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(영문) 수원지방법원 2016.11.10 2016고단2588
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, the two-year period from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B around 20:55 on April 17, 2016, at the “E located in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, and was the father, and was locked, and “the fighting has occurred,” upon receiving 112 reports, the police box belonging to the Suwon-gu, Suwon-gu, Police Station F box called “A,” and the police officer asked the Defendant A of the circumstances on which the police officer reported to the Defendant. The police officer asked G to the effect that the police officer was not able to take care of the Defendant B, and the police officer was able to take care of G’s breast part in the hand, and carried out the said breast part of H with both hand in order to restrain it.

Defendant

B After diving from diving, the police officers "the spatition shall be discarded off," and the breath "Wulp spatition shall be carried out." The b "Wulp spatition" was carried out by hand, the blaf's blaf's blaf's blaf, the blaf's blaf's blaf's hum.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the prevention and suppression of the above police officers' crimes.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each testimony of H and G;

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

1. Article applicable to criminal facts;

A. Defendant A: Articles 136(1) and 30 of the Criminal Act (the point of obstruction of performance of official duties)

B. Defendant B: Articles 136(1) and 30 of the Criminal Code (the point of obstruction of performance of official duties)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

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. Application of the sentencing guidelines to the Defendants [Scope of Recommendation] Basic Area of the obstruction of performance of official duties (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (6 months to 1 year and 4 months) (no special person)

2. The Defendants were sentenced to a sentence.

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