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(영문) 서울북부지방법원 2014.08.21 2014고단1599
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, respectively.

Reasons

Punishment of the crime

On April 18, 2014, at around 21:55, the Defendants received 112 reports on the street in front of 90-ro 109-ro 109-ro, Jung-gu, Seoul, China, and then intended to stop a police box belonging to the Seoul, Jung-gu police station, Seoul, which was on the scene of getting on the patrol, and stop a police officer, and “I will not see that I will see that I will see it.”

When the above D continued to apply for returning home on 112 after getting on a string taxi and returning home during the dispatch, the Defendants were able to take a bath by referring to "Chewing string, ringing, stoves, and stoves", and Defendant A was tightly sealed by her body after having stoved the right knick with her hand, and Defendant B was s to control e by combining this with this.

Accordingly, the Defendants conspired to interfere with the legitimate performance of official duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to details of handling 112 Reporting Cases);

1. Articles 136 (1) and 30 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, despite the fact that the Defendants had been punished by a fine due to several violence, etc., led to the crime of this case. The Defendants’ crime of this case does not occur in the passive resistance process of the police officer, but rather in the process of passive resistance to the police officer’s performance of official duties, and obstructed the performance of official duties by assaulting the police officers who want to be dispatched after receiving 112 report from the side of the Defendants, thereby obstructing the execution of official duties, which is more severe than punishment. In addition, in the case of Defendant A, the Defendants did not put his body fighting, but did not go against the police officer’s breath, and did not go against the punishment. However, the Defendants are led to the confession of the Defendants, and the Defendants do not repeat again in the future.

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