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(영문) 대전지방법원 2017.04.19 2016고단3185
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant: (a) received a report on the Defendant’s assaulting the Defendant’s work of a female on the way in front of the Mat in Daejeon, Daejeon; and (b) obstructed the police officer’s legitimate performance of duties regarding the Defendant’s 112 civil petition handling of the 112th civil petition report by assaulting the Defendant’s chest on the front of the Mat in front of the Mat, Daejeon, Daejeon, by taking the Defendant’s check from G.

2. Defendant B, at the same date and time as indicated in paragraph 1, and at the same place as indicated in paragraph 1, on the grounds that Defendant-friendly A obstructed the Defendant’s performance of official duties, and was arrested in flagrant offender by G due to interference with the Defendant’s performance of duties, the Defendant her fele and left part of the police clothes of G in order to prevent the arrest of the flagrant offender, leading the Defendant to the lower part of the police uniforms of the said G in hand, standing his left part with G, obstructed the Defendant’s legitimate performance of duties regarding the arrest of the flagrant offender, and, at the same time, led the victim G to the Defendant’s kne, kne and the left part of the arms requiring medical treatment for about seven days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Defendant A of the pertinent legal provision pertaining to the crime: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) (the point of harm) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant B);

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The defendants exercised violence against police officers who perform legitimate official duties; the defendant B suffered injury and the nature of the crime is not good; the defendant B has a record of being punished for interference with the performance of official duties; the defendant B is against the defendant's good condition; the degree of violence is not much excessive;

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