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(영문) 부산지방법원 2017.06.07 2016고단3397

공무집행방해등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 08, 2016, at around 02:35, Defendant A filed a report in front of a restaurant located in Busan Dongdong-gu, Busan and explained the details of the report by the F District G circumstances in the F District of the police station at the same time.

"Along with the victim, the victim should be able to take a bath, and the victim's body was sexually insulting." At the place of 10 people, the victim was sexually insulting at his/her own behavior and around 10 people, including the victim's body and the victim's body.

B. Defendant A, at the time, at the time, at the place, and at the place of the above paragraph (a) of this paragraph, notified that the above G circumstances could be arrested as a crime of insult, by committing violence, such as breathing the epib of the above G circumstances and the shouldering of the shoulder.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning 112 reporting processing and arrest of flagrant offenders.

2. Defendant B arrested Defendant B at the temporary location under the above paragraph 1, on the grounds of the above paragraph 1, and on the grounds of the above paragraph 1, the above G was found to have been since her since he was found to have never been aware of any crime, but now, whether the old day police line is a good person or not.

The term "the sound was flabed", the flabing of the F District Police Station Hman in the same police station was flabed once, and assaulted by the flabing of the G during the course.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning 112 reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Statement made to I by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to replies to requests for investigation cooperation;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 311 and 136(1) of the Criminal Act (the choice of imprisonment with labor);

B. Defendant B: Article 136(1) of the Criminal Act (Appointment of imprisonment)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Determination as to the Defendants’ assertion of Article 62-2 of the Criminal Act on the community service order (Defendant A)

1. Defendants’ 1.