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(영문) 서울남부지방법원 2018.06.20 2018고단1509
공무집행방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

except that the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. around 19:55 on December 31, 2017, Defendant A entered the said drinking house, such as D, at the Gangseo-gu Seoul Metropolitan Government Underground “D” house, but did not comply with the demand from E, upon receiving a report from E, the Defendant did not comply with the demand from the police officers G belonging to the F District Unit of the Seoul Gangnam Police Station, and H, who called into the drinking house upon receiving a report, and did not comply with the demand from G, and carried out a bath to G, and carried out a h’s ebbbbbbial, thereby sicking G in his hand and harming it.

As such, the Defendant assaulted police officers G and H, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and maintenance of order.

2. Defendant B, at the time, at the place specified in paragraph 1, reported that A was arrested by police officers G and H as a current offender due to interference with the performance of official duties, such as Paragraph 1, and took a bath to police officers, and carried out a breathing, Defendant B, by hand, pushed off G’s breath, and pushed down H.

As such, the Defendant assaulted police officers G and H, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each police officer on G and H;

1. Each written statement of E, I, J;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Article 136 (1) of the Criminal Act in relation to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) (a person who has been specially increased] of the public officials; and

2. The defendant who was sentenced to a sentence against the defendant A shall receive a report from the police officers dispatched.

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