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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1475
공무집행방해등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendant

B The seller of bean, etc. in the above market as the person in charge of the permanent street store market in Busan F, the seller of bean, the defendant A, and the defendant C are those who sell bean oil in the above market, and the plaintiff C are those who sell bean oil in the permanent market with children of the above A.

Defendant

B around July 12, 2017, around 08:55, around H, in the north-gu G, Busan, the head of H, the head of the road management office of the Busan Northern-gu, and the J, K, and L, who did not comply with the request, to remove the sorara, food, etc. on the road. However, the above J, K, and L attempted to compulsorily remove the said sora.

As a result, Defendant B expressed the above victims’ desire to be “Seman M, C Ma,” and was tightly sealed by the victim J(52) at several times. Defendant A added this to the above J, K (54 years old), and L (35 years old), and Defendant C s spited and pushed down the face of the above J, K (54 years old), and Defendant C added it to the face of the said J.C.

The Defendants jointly assaulted the aboveJ, etc., thereby obstructing the legitimate performance of duties of road managers in relation to road management, and at the same time, the victim J caused by the sofamination of the upper left-hand side requiring approximately 14 days of medical treatment, and the victim K and L respectively caused the climatic dump and tensions in need of approximately 14 days of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against J, L, or K;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Article 136(1) and 30 of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of public duties), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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