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(영문) 인천지방법원 2016.02.03 2015고단7734

공무집행방해등

Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On November 23, 2015, at around 18:40 on the road located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the Defendants are under the influence of alcohol, and they are faced with the cargo vehicle of the victim F (31 tax) driver’s knife during the delivery of the disturbance. Defendant A takes a bath to the victim, and Defendant B goes up on the part of the truck driver’s knife, and Defendant B demanded the victim to stop from getting on the cargo vehicle, and the victim must stop off the driver’s seat, and turn off the vehicle from the vehicle. Defendant A took a fnife for about five minutes, such as provoking of the victim’s hair and walking knee by the victim.

Accordingly, the Defendants conspired to interfere with the victim's operation of the transit delivery service by force.

2. The Defendants who interfered with the performance of official duties were arrested on the grounds that they interfered with F’s driving duties from the security guards assigned to the G police box of the Incheon Gyeyang Police Station (H(44 tax) that was dispatched to the site after receiving a report at the time and place specified in paragraph 1, and that they obstructed F’s driving duties, the Defendants were arrested on the grounds that they obstructed F’s driving duties. B, Defendant B was going to walk the Y’s left knee-fel-fele-fele-feling, and Defendant A was able to walk the H’s back-fel-fel-fel-fel-fel-feld by her hand.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A report on investigation (not more than 24 pages for investigation records, not more than 76 pages for investigation records);

1. Application of Acts and subordinate statutes to each 112 Report statement;

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

A. The Defendants’ act No. 1: Articles 314(1) and 30 of the Criminal Act (the choice of imprisonment)

B. Act No. 2 of the Defendants’ holding: Articles 136(1) and 30 of the Criminal Act (Optional to imprisonment)

1. Aggravation concurrent crimes;