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(영문) 수원지방법원 여주지원 2016.01.26 2015고단1125
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. Defendant A, on September 13, 2015, at the front of “D” in the G, which is located in the Gyeonggi Pyeong-gun C, G, on the 112th report, recommended Defendant A to return home from F in the process of carrying out the police box at the site and the slope G, who was sent to the site after receiving a 112 report, Defendant A left the ground floor by getting out of the point he was suffering; and

In the case of a special unit's origin, it was assaulted by putting out as soon as possible and putting out "Woo", putting the head and shoulder of the above F on the breast side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

2. On September 13, 2015, Defendant B: (a) was arrested by Defendant A for the same crime as that described in paragraph (1) and was carried out to the “E police box” located in the Gyeonggi Pyeong-gun; (b) went into the said police box, and (c) went beyond the said F by hand and body.

After the Defendant continuously arrested the offender as a current offender due to the above act, the Defendant committed assaulting the disturbance by avoiding the disturbance, such as passing the noise, etc., by standing in the police box, and neglecting this, the lower court’s left-hand lecture of the patrolman I, belonging to the above Pyeong Police Station, on twice.

As a result, the defendant has prevented the police officer from performing his/her duties properly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and I;

1. A copy of a log to serve in the E box (at night);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. The Defendants are subject to suspended sentence: Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing) that the Defendants were committed in the course of and in depth against their own criminal act; and the Defendants appear to have committed the instant crime under the influence of alcohol.

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