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(영문) 수원지방법원 평택지원 2015.06.12 2015고단595
폭행등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On March 26, 2015, the Defendant: (a) around 23:20 on March 26, 2015, while drinking alcohol with B and the victim D (n, 37 years of age) in front of Pyeongtaek-si, the Defendant: (b) “Isn’t seem to be a fluor; (c) Is the victim’s her shoulder,” and (d) her head was pushed up by her hand, her head was pushed up with his her shoulder, and her head was pushed up by her hand.

Accordingly, the defendant assaulted the victim.

B. The Defendant, at the time, at the place specified in the above paragraph 1’s (a), and at the place where 112 was reported, brought the Defendant at F of the Pyeongtaek Police Station Emba police box sent to D, and brought the Defendant at F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Defendant B, at the date, time, and place specified in the above Paragraph (1) above, the said F was in favor of the F’s hump and hump to arrest A in the act of committing an offense for the foregoing reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Damage photographs;

1. Application of Acts and subordinate statutes to notify departments reporting 112 Incident;

1. Article applicable to criminal facts;

A. Defendant A: Article 260 of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties)

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of each community service order is that the crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and Defendant B has a record of criminal punishment on several occasions and has been punished for the crime of obstructing the performance of official duties.

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