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(영문) 의정부지방법원 2015.02.11 2014고단2874
공무집행방해등
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On August 2, 2014, at around 04:25, the Defendants: (a) 2 victims E, etc., who were the police box of the Namyang Police Station, sent out after receiving 112 report while they were fighting in front of the Namyang-si 28-ro, Namyang-si, 28-ro, 109-dong, and were fighting in front of the said 109-dong; (b) made a attack; and (c) assaulted the victim’s body by carrying his arms by hand; and (d) Defendant A used the victim’s face at one time as drinking.

As a result, the Defendants conspired to interfere with the legitimate execution of duties by police officers with regard to the dispatch of 112 report, and the Defendant A, at the same time, caused the victim to suffer from the snow, snow, snow, and other impairment of character around the snow for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 136(1), 30, and 257(1) of the Criminal Act and imprisonment, respectively;

B. Defendant B: Articles 136(1) and 30 (Obstruction of Performance of Official Duties) of the Criminal Act; and

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendant A: Article 62 (1) of the Criminal Act;

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

1. The scope of the final sentence due to the aggravation of multiple offenders who have no basic area (referring to four to one year and six months) of the basic area (referring to the scope of recommendations) of Category A (referring to four to one year and six months) of the General Injury (referring to the scope of recommendations) / [referring to the obstruction of performance of official duties] / the basic area (referring to six to one year and four months) of the obstruction of performance of official duties (referring to the scope of recommendations] / the basic area (referring to the obstruction of performance of official duties and the coercion of official duties) / the scope of the final sentence due to the aggravation of multiple offenders who have no special person: June to February : June to February 2

2. The sentencing guidelines for Defendant B’s fine are not applicable. [Determination of sentence] Imprisonment with prison labor for six months and suspended sentence for two years.

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