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(영문) 서울남부지방법원 2015.10.16 2015고단1458
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. At around 22:00 on February 27, 2015, Defendant A, at a “D” restaurant located in Guro-gu Seoul Metropolitan Government, Defendant A, after receiving a report from 112 that the Defendant was under the influence of alcohol and was sent to another customer, Defendant F of the police officer of the Guro Police Station E-gu Seoul Metropolitan Government Police Station E-gu, Seoul, which was called by the Defendant, had him/her go to go to G’s hand, etc., and he/she continued to stop the Defendant when the Defendant was other customers, and the Defendant expressed that he/she would go against the police officer’s legitimate performance of duties by assaulting him/her, such as raising his/her secret and her flaging him/her, walking with G, etc.

2. Defendant B

A. The Defendant interfered with the performance of official duties by assaulting the police officers, such as the date, time, place, and place described in paragraph (1) of this Article, and the police officers who refrained from the arrest of the said G as a flagrant offender A, franchising G’s her her her her her her her her her her her her her her her her her, and making the Nexta cut.

B. On February 28, 2015, the Defendant damaged public documents at the office on duty at the Seoul Guro Police Station located in Guro-gu Seoul Metropolitan Government 235, Mapo-ro, Guro-gu, Seoul, and Article 2-A.

For the same reason as stated in the paragraph, while being arrested as a flagrant offender in the crime of obstruction of performance of official duties, the documents used by public offices were damaged to their utility.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A statement prepared by H;

1. Application of Acts and subordinate statutes concerning tear teared public documents, photographs of victimized police officers, and 112 Reporting Report Processing Marks;

1. Article applicable to criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging public documents)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendant B from among concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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