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(영문) 부산지방법원 동부지원 2018.10.10 2018고단1258
공무집행방해
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On June 5, 2018, around 22:05, Defendant A assaulted “D” located in Suwon-gu, Busan, on the ground that the Defendant and B reported that the Defendant would drink alcohol and drink the disturbance, and the F officer affiliated with the Busan Southern Police Station E division of the Busan Southern Police Station, who was called out, recommended the Defendant to return home, and draw up the said F on the floor.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported cases.

2. Defendant B, at the time and at a place set forth in the above paragraph 1 of the same Article, Defendant B, on the same grounds as that set forth in paragraph 1 of the same Article, deemed Defendant F to have inflicted injury on the victim F, who was in need of approximately two weeks of treatment on the right part of the water section 1, which requires approximately two weeks of treatment of the victim F.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported cases, and at the same time injured the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

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

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 (a) and Article 257(1) of the Criminal Act (a point of obstructing the performance of official duties)

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

1. Selection of a fine, respectively, against the crime of elective bodily injury, shall be punished by imprisonment and a crime of obstructing the performance of official duties;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

A. Defendant A: The Defendant reflects his mistake, the Defendant has no criminal records exceeding the same criminal records and fines, the degree of tangible force exercised by the Defendant is relatively minor, and the Defendant’s age, environment, sexual conduct, circumstances after committing the crime, etc. shall be determined as ordered by taking into account all the circumstances.

B. Defendant B: The Defendant.

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