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(영문) 서울남부지방법원 2018.03.28 2017고단5264
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each sentence against the Defendants for one year from the date the judgment became final and conclusive.

Reasons

Punishment of the crime

On October 18, 2017, 00:005, E Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government D on October 18, 2017, the police officer G belonging to the F District of the Seoul Geumcheon Police Station, the police officer I of the fourth Police Station H of the fourth Police Station, who was dispatched after receiving 112 a report, tried to hear their respective statements by separating the J from the Defendants and E manager, and the Defendant A “Mhhh” to G.

“I ambien G in hand by hand, and I ambiened “I ambien police officer.”

“ ...... .... ... ...... Defendant B was pushed down with J on his hand, and Defendant B continued to be pushed down with G and I.

As such, the Defendants conspired with police officers G and I to assault police officers G and I, thereby obstructing their legitimate performance of official duties concerning the prevention, investigation, maintenance of order, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements prepared by the J;

1. Each police statement made to G and I;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. The Defendants: Imprisonment with prison labor;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 201);

1. Defendants of a community service order: Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection

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