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(영문) 창원지방법원통영지원 2020.09.09 2020고단429

공무집행방해

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 12, 2019, around 22:38, the Defendant: (a) committed assault to the aforesaid E, etc. on the ground that the horse captain E, etc. belonging to the Busan Metropolitan City Police Station D District District D, who was dispatched after receiving a traffic accident report at the nearby parking lot of Busan Metropolitan City, was under the control of drinking driving of B, working for the workplace, the Defendant: (b) assaulted by the Defendant, etc., such as “Nan police officer, but Nank police officer,” with the hand, fiffing the front part of the said E, fiffing the chest of the said E, the background leading up to the control of the traffic accident; (c) the chest part of G’s chest; and (d) the shoulder part of H’s shoulder part of the h, who was a hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.

2. Defendant B, at the date and time and place indicated in paragraph (1), was arrested as a flagrant offender committing a crime of obstruction of performance of official duties and forced the Defendant to board the patrol vehicle, and attempted to board the patrol vehicle by opening the rear door of the patrol vehicle, and the above E, which prevented this, was assaulted by the Defendant B, such as “drawing off the spath of the spath because the spath of the spath of the spath of the spath,” and when the spath of the spath of the spath of the spath of

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police officer in relation to E, F, G, and H;

1. Application of Acts and subordinate statutes to each investigation report;

1. Defendant A of the pertinent legal provision on criminal facts: Defendant B of Article 136(1) of the Criminal Act: The defendant A of Article 136(1) of the Criminal Act is subject to the choice of sentence under Articles 40 and 50 of the Criminal Act: The choice of imprisonment:

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of the community service order: The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. 【Defendant A】

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and