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(영문) 서울동부지방법원 2014.05.28 2014고단784
공무집행방해등
Text

Defendant

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:25 on November 3, 2013, the Defendants committed assault, such as: (a) at the Seoul Songpa-gu Seoul Songpa-gu Seoul East Police Station D police box; (b) while the process of handling violent incidents occurred between the Defendants, such as E, and the process of handling violent incidents, Defendant A was salvating the febb of F (the age of 53) during the process of keeping the said police box, Defendant A’s hand, etc., was salved; (c) Defendant B was f’s chest, and Defendant B was salved with the ebbbbb of G.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the situation of police boxes.

2. Defendant A, like the date, time, place, and described in paragraph (1), was the police officer who prevented the Defendant, as described in paragraph (1), and took one time from walking the victim G (the age of 58) at one time, thereby having the victim go about about two weeks of treatment. Defendant A was sprinked with the part of the hand that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol (including E and H statements) against the Defendants

1. Each police statement of the E, G, and F;

1. Each report on investigation;

1. A medical certificate;

1. Application of CCTV-cap photographs and CCTV-recording CD-related Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act; Defendant A: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The Defendants, on the grounds of sentencing under Article 62(1) of the Criminal Act, assaulted police officers who perform official duties within the police box, and the nature of the crime is not good. However, Defendant A did not have any criminal record, and Defendant B did not have any criminal record of not having committed any crime other than a fine once, taking full account of all the circumstances, including the motive, circumstance, means and method of the instant crime, the circumstances before and after the instant crime, the age of the Defendants, character and behavior, career, and environment.

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