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(영문) 제주지방법원 2014.10.10 2014고단1232

공무집행방해등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendants violating the Punishment of Violences, etc. Act (joint assault) expressed that, around 04:00 on September 5, 2014, the victim D (the 56 years old) was scambling the Defendants in order to put up the road on the road before the central point of the Jeju Agricultural District Office located in 75, Jeju-do, Jeju-ro, Jeju-do, the 75-ro, and that the Defendant was scambling the part of the victim’s chests, and the Defendant A expressed the victim’s desire that “I will see whether I will do so or not, and I will throw away this scam, I will do so.” The victim’s head part is 1 time, and the part of the victim’s scam was cut off by his arms.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants were informed of the above victim’s 112 during the process of exercising the above violence at the above time and at the above place, and the Defendant F, a police officer belonging to the Jeju East Police Station E-gu Police Station, called the victim, was asked to check the above F’s face at one time.

Accordingly, the above F attempted to arrest the above F as a flagrant offender in the crime of obstruction of performance of official duties, Defendant B, who was sprinking the above F’s bridge part on several occasions, and carried the clothes of the F’s above F’s.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties concerning crime prevention and suppression of the FF.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to F, G, and D;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault), Articles 136(1) and 30 of the Criminal Act, and the choice of imprisonment for a crime

1. Defendants 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: Sentencing Article 62-2 of the Criminal Act.