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(영문) 서울남부지방법원 2017.07.20 2017고단2396
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2017, Defendant A’s sole criminal defendant tried to divide the above windows into a defective hand by raising a chief window to prevent the said windows from going off by hand, but attempted to damage the said windows due to a failure to destroy them, while driving a car with 'D MW 320D car in Gangseo-gu Seoul Metropolitan Government, on the front side of the 'D MW 320D car.’ On the ground that the injured Party E obstructed the Defendant’s daily driving path while driving a car with 'D MW 320D car, and thus, he was able to take a warning.

2. On May 1, 2017, Defendant A, a police officer belonging to the Seoul Western Police Station F District, who received a report on the said grounds at the said place, committed the crime of joint crime of the Defendants, and Defendant A, a police officer at the Seoul Gangseo-gu Seoul Police Station, was skeing G’s chest with a hand that was defective in arresting a flagrant offender for the said reasons, and Defendant B committed the crime of assaulting the said G by pushing him with a hand that prevents G from arresting him.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Articles 136(1), 30 (a), 371, and 366 (a point of obstructing the performance of official duties), and Articles 371 and 366 (a) and (b) of the Criminal Act, and Articles 136(1) and 30 (a) and (b) of the Criminal Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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 [the scope of recommended punishment] There is no basic area (fe.g., June to one year and six months), the basic area (fe., June to one year] (f.g., a person subject to special sentencing] (f., a decision of sentence];

1. Defendant A’s imprisonment, 8 months of probation, 2 years of probation, and 80 hours of community service order are not set in sentencing guidelines, and only the lower limit of the punishment is given.

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