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(영문) 대구지방법원 경주지원 2014.08.12 2014고단456
공무집행방해등
Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person who has been staying in the Republic of Korea with Chinese nationality as an overseas Korean (F4), and Defendant B is a person who stays in the Republic of Korea with Chinese nationality as a short-term stay status.

Defendant

A around 17:15 on June 14, 2014, around 17:15, while drinking alcoholic beverages with four Chinese nationals, including Defendant B, at the F restaurant located in Si-si, it occurred as a matter of the above restaurant business operator and drinking value, and it was asked from H of the police box affiliated with the police box arriving at the site after receiving a report.

Defendant

A subject to the above H’s question as to whether to pay the alcohol value and identification, “the deceased, satis,” the h’s face was satisfed three times with fingers, was satisfy, was satched with fat, was satched one time by drinking, and Defendant B was in the Chinese language.

Then, the defect that the above H attempted to arrest Defendant A as a flagrant offender in the crime of obstruction of performance of official duties, Defendant A was saluted by flabing the h’s flab, Defendant B was unable to arrest Defendant A by drawing the h from behind the h, etc. to both arms, Defendant B was unable to arrest Defendant A, and Defendant B was saluted by saluting the h’s upper part with the h’s hand, and turned the h above the floor.

As a result, the Defendants conspired to interfere with the legitimate performance of duties concerning the police officer's reporting, withdrawal, and arrest of flagrant offenders, and at the same time, the Defendants jointly inflicted injury on the victim H (34 years of age) such as a shoulder that requires treatment for about 10 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of H;

1. A written statement of the I;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 136 (1) and 30 of the Criminal Act, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act, as to the facts of the crime concerned;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants of choice of punishment: Imprisonment with prison labor.

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