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(영문) 서울북부지방법원 2016.04.21 2016고단484
공무집행방해
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and imprisonment with prison labor for eight months, respectively;

2. However, this case is against the Defendants.

Reasons

Punishment of the crime

On January 8, 2016, at around 04:00, the Defendants discovered a slope E (40 years old) and a policeman (27 years old) belonging to the Seoul Gangnam-gu Police Station Down-gu Police Station that they intend to move to a patrol vehicle to handle the 112 reported cases while drinking together, and to handle other cases, etc., and Defendant B, without any reason, intended to do so, to the police. Defendant B, “I am a bit of a bitch of a police station, a bitch of a bitch of a police station,” and Defendant A, “I am a bitch of a bitch of a police station, a bitch of a bitch of a bitch of a police station,” and Defendant A, “I am a bitch of a bitch of a police force,

저 새끼들 그냥 냅둬.” 라는 등 비아냥거리다가 경찰관들에게 다가가, 피고인들은 경찰관들에게 몸을 들이밀며 손을 들어 때릴 듯한 태도를 보이고, 피고인 A은 몸으로 E을 밀어붙이며 담뱃불을 든 손을 E의 얼굴에 지질 듯이 들어올리고, 피고인 B은 손으로 채 증을 위해 휴대전화 촬영을 하는 F의 손목 부위를 수회 내리쳐 경찰관들을 폭행하였다.

Accordingly, the Defendants conspired to interfere with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Entry into each police statement protocol with respect to E, F, and G;

1. Application of the Acts and subordinate statutes to the signboards taken by Defendant B;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning concurrent crimes (a punishment imposed on police officers E who committed a serious crime)

1. Article 62(1) of the Act on the Suspension of Execution (the fact that all the Defendants are aware of the commission of a crime and are against the wrongness, and the same mistake is not to be avoided again.

of the same kind of crime exceeding the fine, taking into account the fact that there is no record of the same crime

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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