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(영문) 인천지방법원 부천지원 2015.09.07 2015고단2077
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around 02:25 on June 13, 2015, Defendant A suffered fighting from the victim E (the 29 years of age) who was a policeman belonging to the Da District Police Station of the Busan, Seocheon-si, Seocheon-si, Seocheon-si, Seoul, in front of the D District Unit of the D District, which was found in B and walped, the Defendant sustained an injury to the victim by taking up fighting in a timely manner at one-time price from the victim E (the 29 years of age), who was a policeman belonging to the Da District of the Busan, Seocheon-si, Police Station D, which was found to have discovered the fighting.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order and at the same time injured the victim.

2. Defendant B, on the ground that he was able to take a bath from the victim A (the age of 26) at the same time and place as the preceding paragraph, he saw the victim into the floor and took a face of drinking and shot, and inflicted an injury on the victim, such as a breathing of a breath that requires treatment for about 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of E and F;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts, on-site photographs (the form of violence by a suspect against a police officer), and medical certificate of injury;

1. Defendant A of the pertinent legal provision on criminal facts: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257(1) of the Criminal Act (the point of injury): Article 257(1) of the Criminal Act;

2. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

3. Selection of imprisonment with prison labor for Defendant A and fine for Defendant B

4. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

5. Defendant A who is under a suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances):

6. Defendant B’s order of provisional payment: (a) Defendant A’s reason for sentencing of Article 334(1) of the Criminal Procedure Act reflects the truth in depth; (b) Defendant B reflects the initial offender; (c) Defendant B reflects the mistake; (d) only one time before the previous conviction of the fine; and (e) there are circumstances that may be considered in the process of the occurrence of the instant case.

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