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(영문) 광주지방법원 2014.05.27 2014고단978
공무집행방해
Text

Defendant

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

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendants are married to North Korean defectors.

On December 22, 2013, at around 01:40 on December 22, 2013, Defendants: (a) concluded a lodging contract at the Embel located in Busan YYD; (b) obstructed the horses from F, the business owner of the said mar to the effect that “it is not well able to do so with a pet;” and (c) reported the said horses to F to 112.

Defendant

A, the victims who were dispatched to the scene after receiving the above 112 report at the above time and place, expressed to the Busan District G District District Police Agency H and slope I, “Y Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY YY YY YY YY YY YY Y YY YY Y YY Y YY YY Y YY Y Y YY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

As a result, the Defendants conspired to interfere with the legitimate performance of police officers' duties concerning the maintenance of public peace and order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to police statements made to H, I, and F;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

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

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

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered in favor of the reasons for sentencing);

1. Defendant B, who was ordered to put a probation or attend a lecture: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. appears to be contradictory to the Defendants’ grounds for sentencing, and the Defendants’ efforts to recover damage by finding the victimized police officers after committing the instant crime, and making efforts to do so.

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