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(영문) 부산지방법원 2019.03.06 2018고단5833
공무집행방해
Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, for eight months, and for six months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

B and Defendant C are siblings, and the relation between Defendant A and Defendant A.

1. On November 16, 2018, Defendant A, at around 23:12 on November 16, 2018, expressed that “E” entertainment tavern located in the Dong-gu Busan Metropolitan City (hereinafter “E”), “E is a customer who does not pay the drinking value,” and subsequently, Defendant A expressed his desire to pay the drinking value from G, security guards, security guards, I, and patrol officers of the Busan Dong-dong Police Station, and assaulted G’s face level once.

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

2. Defendant B was arrested as a flagrant offender for the crime of obstruction of performance of official duties at the above date, time, and place, and the above A was arrested as a flagrant offender, and the Defendant committed assault by Defendant B, i.e., cutting down the shoulder of J and obstructing the arrest of the police officer, and i.e., g., g., g., g., g., g., g., g., g

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to arrest of flagrant offenders.

3. When the above B was arrested as a flagrant offender for the crime of obstruction of performance of official duties at the above date, time, place, Defendant C, while taking a bath, followed by a police officer, obstructed the arrest of the police officer G by cutting off his arms, obstructed the arrest of the police officer, and assaulted the chest part of the police officer’s chest.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law to the police statement to G, I, J, and K

1. Article 136(1) of the Criminal Act applicable to the facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant B and C);

1. Selection of the penalty, and the decision of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act:

1. The reason for sentencing under Article 62-2 of the Criminal Act is that Defendant A and B are fined for the same kind of crime.

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