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(영문) 춘천지방법원 원주지원 2019.07.25 2019고단466
공무집행방해
Text

Defendant

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

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On March 19, 2019, the Defendants engaged in the performance of official duties of the Defendants: (a) were asked by the Hanju Police Station E-gu Seoul Special Metropolitan City E-gu Special Metropolitan City Mayor about the background leading up to the report, the slope G, the police officer, and the police officer H to whom the Defendants reported 112 at the ‘D' entertainment drinking house located in the Kuju Special Metropolitan City, which was called up for 10:48 on March 19, 2019; and (b) the Defendants committed assault, such as: (c) the Defendant’s attacked the F with an article to the F; (d) the Defendant’s shoulder was sealed; (e) the Defendant B was sealed with the shoulder of G; and (e) the f’s chest, which attempted to restrain it.

As a result, the Defendants conspired and interfered with the legitimate execution of duties of police officers in relation to the 112 reported handling affairs.

2. Defendant B’s insult expressed Defendant B’s desire to “I, Mama, I, and 65 drinking to the victim G who asked the circumstances of the instant case at the time and place specified in Paragraph 1, and at the same time and place, I, and the police officers of the said State expressed that “I, Mama, I, and 65 drinking, I, I, I, and I, I, I, and I, who will have been bad father of the instant case.”

Accordingly, the Defendant insultd the victim G openly.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement to F, G, H, and J;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Article applicable to criminal facts;

A. Defendant A: Articles 136(1) and 30 of the Criminal Act (the point of obstruction of performance of official duties)

B. Defendant B: Articles 136(1) and 30 of the Criminal Act (the point of obstructing performance of official duties), and Article 311 of the Criminal Act (the point of insult)

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

1. The Defendants’ choice of punishment: Imprisonment with prison labor

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The unfavorable circumstances for sentencing under Article 62-2 of the Criminal Act: The crimes of obstruction of performance of official duties of the State need to be strict in order to protect the legitimate performance of official duties of the State and to establish sound

Defendants.

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