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(영문) 부산지방법원 2013.12.13 2013고정3255

공무집행방해등

Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

At around 17:20 on February 27, 2013, the Defendants conspired and jointly conspired, and the police officers belonging to the FNE who were called upon the report of 112 are dissatisfied with the crime restraint and arrest of flagrant offender, and the handling of a new disease. Defendant B committed assault, such as assaulting the victim slope H’s left hand by drinking the chest of the victim G in the situation where the said FNE belongs, making the victim slope h head, making the victim slope h head a drinking, making the victim slope h head a drinking, and making the victim H’s left hand as soon as possible, and Defendant A assaulted the victim slope H’s body by generating the victim slope H’s body, drinking the body of the victim G during the course of the crime.

As a result, the Defendants conspired and shared with the victim slope H about two weeks of the number of units in need of treatment, etc., and inflicted bodily injury such as blood transfusion on the part of the victim G with no knowledge of the number of days of treatment, and at the same time interfered with the above police officers' legitimate performance of official duties concerning the handling of the 112 Report Report.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of the witness H and G;

1. Application of Acts and subordinate statutes of the injury diagnosis report and investigation report (including photographs of 40 pages and accompanying documents of investigation records);

1. The Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act; Article 30 of the Criminal Act; Article 2(2) and Article 2(1)3 of the Punishment of Violence, etc. Act; Article 257(1) of the Criminal Act (the point of joint injury)

1. Tradeal concurrence Defendants: Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Performance of Official Duties and Crimes of Violation of the Punishment of Violences, etc. Act).

1. Defendants who choose to impose punishment: Each selective fine

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

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act