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(영문) 창원지방법원 진주지원 2017.02.15 2016고단1024
공무집행방해등
Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint assault) were living together with each other on September 29, 2016, on the grounds that the victim F (33 years old) who was going through the bed and expressed desire to criticize Defendant A, while disputing each other in E-art located in Sacheon-si, Sacheon-si, around 22:10 on September 29, 2016, Defendant A was able to take down the victim’s part above the top, and Defendant B was able to take part in the victim’s head.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants interfered with the performance of official duties at the above location at around 22:14 on the same day, as seen above, were subject to the control of F from H and policeman in the background leading up to the G District in the Gyeong-nam Police Station G District of the Gyeongcheon-gu Police Station who was called up after receiving a 112 report on F. Defendant A sent back with both descendants, and pushed back the parts of the above I and the chest part of the above H, and then pushed down the parts of the above H and the chest part, and Defendant B sent the quih with the face of the above I, and sealed the chest part of the above H and the breast part.

Accordingly, the Defendants conspired to assault police officers who perform legitimate duties on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to F, H, and I;

1. A criminal investigation report (to attachCCTV image storage CDs and other closure photographs);

1. Application of the Acts and subordinate statutes to police officers on the part of his/her injuries;

1. The Defendants of the relevant criminal facts: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault) and Articles 136 (1) and 30 of the Criminal Act (the point of obstructing the performance of official duties).

1. Tradeal concurrent defendants: Articles 40 and 50 of the Criminal Act; and

1. Defendant A who is selected to impose imprisonment: Defendant B who is selected to impose a fine; and

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant B’s detention in a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act

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