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(영문) 부산지방법원 2015.07.23 2015고단2268
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 18:40 on February 16, 2015, Defendant A, within the manpower office located in Geumdong-gu, Busan, the head of the Defendant: (a) urged F and Police Station E-gu, Busan, the Busan, the Police Station E-gu, and patrolmen to “sculping,” who were employed in the gambling site of the so-called “hulh” so as to be called “sculping,” but was brued by the Defendant, and assaulted by the Defendant, such as, “scrus, scrus, scrus, and scrus,” huming the chest of the F as his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. Defendant B arrested the said F and the victim G as an offender in the act of obstruction of performance of official duties, and arrested the relevant F and the victim G as an offender in the act of obstruction of performance of official duties, knee and knee in several times with the victim’s hand, knee and knee with the victim’s right side kne, and assaulted the victim’s bridge over the ground floor.

As a result, the defendant interfered with the legitimate execution of duties by police officers on criminal investigations, and at the same time, the victim got a right scarbing room that needs to be treated for about three weeks.

Summary of Evidence

1. Defendants’ legal statement

1. The statement of each police officer made to F and G;

1. Application of the investigation report (No. 8) Act and subordinate statutes;

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)

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257(1) of the Criminal Act (the point of injury)

1. Defendant B of ordinary concurrence: Articles 40 and 50 of the Criminal Act (Punishments imposed on the crimes of serious bodily injury)

1. The Defendants: Imprisonment with prison labor;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Scope of Recommendation] The scope of sentence compared with the punishment that there is no basic area (6-1 year and 14 months), the basic area (6-1 year and 1 year) of the obstruction of performance of official duties:

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