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(영문) 수원지방법원 평택지원 2020.05.07 2019고단2025
공무집행방해등
Text

Defendants shall be punished by imprisonment for eight months.

However, for one year from the date this judgment became final and conclusive as to the Defendants.

Reasons

Punishment of the crime

On November 24, 2019, at around 00:55, the Defendants expressed the victim’s face to the victim F (27 years of age) who is a police officer belonging to Pyeongtaek Police Station E zone called Pyeongtaek Police Station E zone, and the victim G (24 years of age) who was requested to return home after receiving a report from 112 on November 24, 2019, and Defendant A expressed the victim’s face to the victim two times by hand. Defendant A took two times in the victim’s face to the victim “I want to take money from his singing singing,” Defendant B took one time in the victim’s face to arrest him as a flagrant offender, and Defendant B took two losses to interfere with the act of arresting the victim’s customs offender, and Defendant B obstructed the victim’s knife with the victim’s body while blocking the victim’s knife.

In the end, the Defendants conspired to interfere with the legitimate performance of duties by police officers concerning the processing of 112 reports and arrest of flagrant offenders, and at the same time, jointly interfered with the victim G with approximately two weeks of medical treatment, and inflict injury on the right side part, such as a locking room, etc., which requires two weeks of medical treatment, and Defendant A inflicted injury on the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. 112 reported case handling table;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to on-site photographs, photographs damaged by the violence of a victimized police officer, and CCTV images-faging photographs;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act (the point of joint injury), Article 257 (1) and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the following factors: the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime.

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