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(영문) 의정부지방법원 2018.04.05 2017고단5900
공무집행방해등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On October 14, 2017, Defendant B assaulted the victim, i.e., who was under the influence of the victim E (23 tax) on the street in front of the D building in Namyang-si, Namyang-si, and forced the victim to knife by knife the lower part of the victim with his hand, leading the victim to the roadway.

2. Defendant A witnessing and interesting the scene of the arrest of the police officer G (50 years) belonging to the Namyang-ju Police Station F police box, on the ground that Defendant B, who was a police officer of the Defendant at the time and place set forth in paragraph (1) of this Article, assaulted Party B, and she exceeded the ground floor of the above G, such as the shoulder and the shoulder.

Defendant continued to engage in the assault by the police officer as above, the police officer of the F police box at H (32 32) stated that “N must grow up, scam off, and scam off,” and that H’s police gear was scamed with both hand, and the chest and the parts of the chest were 8 times in her hand.

As a result, the Defendant assaulted the above police officers to interfere with legitimate execution of duties concerning the dispatch of the 112 Report, and at the same time put the victim G on the left side of the son and the son requiring the treatment of approximately two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. E written statements;

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

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);

B. Defendant B: Article 260(1) of the Criminal Act

1. Defendant A who commits an ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on any more severe injury);

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor;

B. Defendant B: Selection of fine

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law;

A. Defendant A: Imprisonment of one month to seven years.

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