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(영문) 수원지방법원 여주지원 2016.05.18 2016고단118
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

1. On August 31, 2015, Defendant A, while drinking alcohol together with Defendant’s pet C, Bana B, etc. on August 31, 2015, the Defendant was contacted by phone calls with the police officer that arrested a person who destroyed a C-owned vehicle of sod, which was parked by the police officer, and arrived at the F-F cafeteria E, along with Defendant C and B.

The Defendant: (a) the police officer who belongs to a police station G patrol unit requests the above C to accompany the police box to have the police box and to have the victim make a statement; (b) whether “the Defendant would have the victim go to a police box”

“In doing so to the above H, the h’s bath, and h’s breath was pushed down by hand and pushed down.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. Defendant B, at the date and time, at the place specified in paragraph 1, the Defendant was arrested by the police officer as a current offender on account of the criminal facts described in paragraph 1, at the time and place, and in order to report the appearance of Defendant B, the Defendant was arrested by the police officer as a criminal and on board the patrol vehicle, and he was in favor of the police officer assigned to the patrol station at the same time and place.

On the same day, the Defendant continuously 01:30 on the same day, within the G police box that is located in the Department of the Gyeonggi Franchise-gun, and while the Assistant K belonging to the said police box gives a bath to the said A, the Defendant was satisfeing, and the Defendant was satisfe, “hicking”

“Along with the bridge of the above K, the bridged the balthm and the face of the said K as his hand, and assaulted the balon.

As a result, the defendant has prevented police officers from performing their legitimate duties in criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K, H, and I;

1. A report on internal investigation (the details of arrest and the details of damage);

1. Application of the Acts and subordinate statutes to photograph CCTVs within the G police box;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 136(1) of the Criminal Act (the choice of imprisonment)

B. Defendant B: Article 136(1) of the Criminal Act (the choice of imprisonment)

1. Aggravation of concurrent crimes (Defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act.

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