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(영문) 수원지방법원 성남지원 2018.04.05 2018고단107
공무집행방해등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are de facto marital relations.

1. On November 19, 2017, the Defendant: (a) reported 112 that he/she would drive a vehicle in the state of drinking on the road in front of the bank market at around 00:50, Sungnam-si, and (b) reported 112; (c) the Defendant was requested by the assistant victim D of the police box affiliated with the police box called C, and the police box E to have the alcohol reduced; and (d) while he/she prevented him/her, he/she “this she shall not respect or she was pushed.”

The body of the above D is sealed by hand, and the words "to arrest an offender in the act of interfering with the performance of official duties" from the above D, when the above D's ship is crypted, and as soon as possible, the above D's left part part part is opened.

Defendant continued to be arrested as a flagrant offender from the above E, refusing to arrest on the ground floor, and assaulted to the above E by a method of spreading several times, thereby obstructing police officers’ legitimate execution of their duties concerning the control of mobilization of report and drinking, and at the same time obstructing the police officers’ legitimate execution of their duties concerning the crackdown on mobilization of report and drinking, and at the same time causing injury to the above D, requiring approximately two weeks of medical treatment, such as the left upper part of the upper part.

2. Defendant B, at the same time, at the same time and place as the above paragraph (1) above, was satisfying him in order to avoid any defect that A attempted to be arrested as a flagrant offender with an obstruction to the performance of official duties.

F 파출소 소속 순경 G의 손등을 할퀴고, 손으로 위 G의 오른쪽 손가락을 꺽어 폭행하여 경찰관의 112 신고 출동 및 범죄 예방과 제지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, G, and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts, a fashion camping;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of injuring) Defendant B: Article 136(1) of the Criminal Act;

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Defendant B to be detained in a workhouse: Article 70 of the Criminal Act.

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