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(영문) 부산지방법원 2015.10.15 2015고단5595
공무집행방해등
Text

Defendants shall be punished by imprisonment with prison labor for ten months.

However, for the defendants, two years from the date of this decision.

Reasons

Punishment of the crime

Defendant

A and B, around 00:12 on August 2, 2015, around 00:12, after drinking alcohol at the E frequency house located in Seo-gu, Busan, and reported to 112 by F, the owner of the above frequency collecting business. Upon receipt of 112 a report, the situation of F, the police officer H, who was a police officer belonging to the Busan Western Police Station G District, called the scene, who was called on the site, shall be asked. Defendant B, while taking a bath, attempted to get the above police officer to walk on the ground that he was her. Defendant B, the head of the above police officer, and Defendant B, upon walking the clothes of the police officer, Defendant A, the face of the police officer, and Defendant B, the head of the police officer, and the police officer was assaulted by drinking and drinking.

As a result, the Defendants jointly interfered with the legitimate performance of official duties of the above police officers, and at the same time, the Defendants inflicted injury on the police officers, such as spawn spawn, requiring treatment for about two weeks.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H and F;

1. Evidence photographs and photographs of the part above the victim;

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 6, and 14 No. 5 of the evidence list);

1. Articles 136 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing in favor of the Defendants among the reasons for sentencing] general injury area of category 1 (general injury) [the period between June and two years] [the person under special circumstances] obstruction of performance of official duties [the decision of sentence] under Article 62(1) of the Criminal Act, which causes injury to the Defendants by exercising violence against police officers who perform official duties, etc. are disadvantageous to the Defendants.

However, there is no record of punishment for the same kind of crime or the suspension of execution, and social relation is clear, and when the defendants are detained, it is excessive difficulty to their dependents.

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