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(영문) 부산지방법원 2014.11.20 2014고단6515
공무집행방해
Text

Defendants shall be punished by imprisonment for eight months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2014, at around 05:00, the Defendant assaulted E at the Busan 4th floor room located in the Busan Yandong-gu, and reported to the police of 112 police officers, Defendant A spawed the Defendant’s arms to arrest the Defendant as a flagrant offender suspected of injury, and thereby interfered with the lawful execution of duties of the police officer with respect to the arrest of a flagrant offender by assaulting him, such as: (a) spawding the Defendant’s arms; (b) spawding the Defendant’s arms to arrest the Defendant as a flagrant offender suspected of injury.

2. Defendant B, at the time and place as indicated in paragraph (1), the Defendant, as described in paragraph (1), committed assault to the police officer G, such as: (a) she took a bath to prevent any defect that the police officer G intended to arrest Defendant A as an offender in the act of committing an act of committing an act of committing an act of committing a crime; (b) taken the horse G’s arms he was forced to be removed from Defendant A by hand; (c) obstructed the police officer’s legitimate performance of duties regarding the arrest of a flagrant offender; and (d) took the victim’s Ha, an employee E, etc. on the ground that the circumstances belonging to the said FF district, etc. were prevented, thereby openly insulting the victim by openly insulting the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of G and H;

1. Application of H’s Acts and subordinate statutes on the complaint;

1. Article applicable to criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment)

B. Defendant B: Article 136(1) of the Criminal Act (the obstruction of the performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes);

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (i.e., confession and the fact that there is no past record of the suspended execution or heavier punishment);

1. Probation;

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