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(영문) 서울남부지방법원 2016.11.30 2016고단3628
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by a fine of 100,000 won, and by imprisonment with prison labor for six months.

Defendant

A above.

Reasons

Punishment of the crime

1. At around 00:55 on July 24, 2016, Defendant A’s sole criminal administration committed a disturbance, such as drinking alcohol on the front side of Yeongdeungpo-gu Seoul Metropolitan Government D and cutting off, noise, etc. of the E-car operating at the place without any justifiable reason, thereby uneasying others.

2. The Defendants’ co-principals were required to present identification cards from police officers F (the age of 30) belonging to the Seoul Yeongdeungpo Police Station, who was called out after receiving 112 reports on the same grounds as the preceding paragraph at the same time and place as that set forth in the preceding paragraph, and the Defendant A used the said F to gather a log for once, to wear a shoulder by hand, and assaulted the police officer G (the age of 52) with his hand, such as breaking the head debt, and breaking the back of the body.

As a result, the Defendants jointly interfered with the legitimate execution of duties by police officers in criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police victim's statement related to G and F;

1. Statement of a witness in preparation of H;

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 136(1) and 30 of each Criminal Act (the point of obstructing performance of official duties), and Article 3(1)19 of the Punishment of Minor Offenses Act (the point of creating a imprisonment);

B. Defendant B: Articles 136(1) and 30 of the Criminal Act

1. Tradeal concurrence Defendants: Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Performance of Official Duties)

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act on the crime of obstruction of the performance of official duties by selecting a punishment;

1. Defendant A among concurrent crimes: The former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants in a suspended sentence: The Defendants’ reason for sentencing under Article 62(1) of the Criminal Act is not that the nature of the instant crime that prevents a police officer from performing official duties by exercising violence against a police officer who called out to the scene where the Defendants were under the influence of alcohol.

(b).

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