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(영문) 인천지방법원 부천지원 2015.08.20 2015고단1828
공무집행방해
Text

Defendant

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

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

On July 14, 2015, at around 10:40, the Defendants: (a) tried to talk with E who was the victim of the assault while arrested in the act of violence in the territory of Bupyeong-gu, Seoul Special Metropolitan City; and (b) attempted to go out of the global zone, Defendant A committed assault by the Defendant B with the shoulder part of the above police officer’s shoulder part of the police officer.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to F and E;

1. The application of victim photographs, copies of work logs, public officials' identification cards, and the Acts and subordinate statutes for reporting the investigation;

1. Articles 136(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 136(1) and 30 of the Criminal Act and choice of imprisonment

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Defendant A: Imprisonment with prison labor for 6 months, 1 year of suspended sentence, 4 months, 1 year of suspended sentence, 1 year of suspended sentence, 1 year Defendants in confession of a crime, and the extent of the assault of this case, the Defendants appear to have caused the crime of this case in contingency under the influence of alcohol, and Defendant A did not have any record of criminal punishment exceeding fines, and Defendant B did not have any record of criminal punishment, and other factors such as the age of the Defendants, character and conduct, and circumstances after the crime, etc., shall be determined as per the order.

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