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(영문) 창원지방법원 진주지원 2014.10.31 2014고단764
공무집행방해
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On June 21, 2014, at around 23:30, the Defendant: (a) received a report on the assault case from Jinju-si, and received a 112 report that there was an assault case; (b) was placed at the site of the Jinju Police Station F District G belonging to the Jinju-gu Police Station G; and (c) took a bath for the said police officers; (d) made the said police officers by hand, sent the chest part of G on several occasions; (b) was pushed back the chest part of G due to drinking; and (c) was sealed when the chest part of G was fright of a slope H’s chest to restrain it on two occasions.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports and the adjustment of on-site order by the police officers.

2. Defendant B was arrested as a flagrant offender due to the act of the above Paragraph (1) at the time and place mentioned in the above Paragraph (1), and Defendant B was arrested as a flagrant offender due to the act of the above Paragraph (1). B was tightly pushed the chest part of the above circumstances G, was pushed down with the hand, and was pushed down with the chest of the above slopeH to restrain it, and was pushed down by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by the police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to G, H and I

1. Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

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

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of fine

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Probation Defendant A: The main sentence of Article 62-2 (1) and (2) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The crime of this case committed by Defendant A is likely to interfere with legitimate performance of official duties by assaulting police officers dispatched by the Defendant upon receiving a report of violent incidents.

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