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(영문) 광주지방법원 2016.06.22 2016고단1249
공무집행방해등
Text

1. The defendant A shall be punished by imprisonment with labor for eight months and by imprisonment with labor for four months;

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

1. On March 26, 2016, the Defendants jointly committed the crime committed by the Defendants: (a) around 22:06, the victim D (30 tax) with the view to the issue of the drinking value; (b) the victim D’s employee F and the drinking value; and (c) the victim expressed a bath to the victim of the defect as to this, and (d) 20 minutes of the disturbance, such as having the victim take the bath to the victim; (b) the Defendants got out of the victim; (c) the Defendant was sleeping the flat of the flat of the said victim; and (d) the Defendant was also sleeping the flat of the flat of the said victim.

Accordingly, the Defendants jointly assaulted the above victim and interfered with the main business of the above victim by force.

2. On March 26, 2016, at around 22:20, the Defendant obstructed Defendant A’s performance of official duties, as seen above, listened to the circumstances by the slope H affiliated with the G District of the Seoul Southern Police Station G District, the main owner of the business in Gwangju, who called out after receiving a report of 112. However, the Defendant: (a) was able to see the flow of the D, thereby debrising H’s flaps; and (b) h was flabing the flab, thereby debrising H’s flaps; and (c) laid down the flab by debrising the right shoulder part; and (d) laid down the flab by flabing the shoulder.

Accordingly, the defendant assaulted police officers who are public officials performing legitimate duties on the handling of 112 reported cases, and interfered with the execution of public duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or H;

1. Application of the Acts and subordinate statutes to the photographs of police officers, the 112 reported case processing marks, and the CCTV data printing photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (the point of joint assault) ; Articles 314(1) and 30 of the Criminal Act (the point of interference with business) ; Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) ; the choice of imprisonment for each term

B. Defendant B: 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 314(1) and 30 of the Criminal Act (the obstruction of duties).

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