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(영문) 전주지방법원 2020.05.07 2019고단849
공무집행방해
Text

Defendant

The sentence imposed on A shall be six months of imprisonment, and the sentence imposed on Defendant B shall be KRW 3,00,000.

Defendant

B. A fine.

Reasons

Punishment of the crime

On March 8, 2019, at around 01:55, the Defendants expressed the desire to “D” main points located in Seojin-gu, Seojin-gu, Seoul, to pay the drinking value at the 112-point point of “D,” the Defendants called “F (41 years of age) and G (46 years of age) for the circumstances belonging to the E District Unit of the Kujin-gu Police Station E-gu, Hongjin-gu, Seoul (46 years of age) before called, and Defendant A expressed the F’s body several times by hand, plpl up, plpl up, and plpl up, f, fat, fat, fat, fat, fat, and fat, fat, and fat, fat, and fat at one time.

Defendant

B, in order to restrain Defendant A who assaults F, the part of G, etc. was 1 time, and the shoulder part was 1.

The Defendants assaulted F and G with police officers who perform legitimate duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Part of Defendant A’s legal statement, Defendant B’s legal statement

1. Statement of the police statement related to F and G;

1. Report on internal investigation (related to suspect speech and behavior and action);

1. 영상 씨디(CD)(피고인 A은 이 영상을 근거로 F의 손을 뿌리친 일이 있을 뿐 손목을 잡아 꺽는 등의 행동을 하지 않았다고 한다. 그렇지만 영상에는 그 이전의 상황이 담겨있고 마지막 흔들리는 부분과 동시에 또는 이후에 일어난 것으로 보이는 행동은 없다. 경찰관들과 참고인의 말이 거짓이나 착오라고 보기는 어렵다.)

1. Application of Acts and subordinate statutes concerning the hearing of statements by witnesses H;

1. Articles 136 (1) and 30 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Defendant B of the sentence imposed under Article 334(1) of the Criminal Procedure Act recognizes the error, and Defendant A does not recognize all errors.

The age of the defendants and a fine for an old offense against the defendant A is only a previous offense, and this case shall be taken into account that there has been a trial for the drinking value and under the influence of alcohol.

Defendant

B The degree of assault.

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