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(영문) 부산지방법원 2013.10.11 2013고단3551
공무집행방해등
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

[Defendant A]

1. Violation of the Punishment of Violences, etc. Act (joint destruction, damage, etc.) and interference with business on May 23, 2013, the Defendant: (a) destroyed 8 scrapers equivalent to 120,000 won at the market price of the victim, who was the main part of the victim E, and caused customers, who were in the main part of the victim E, to get out of the play, by avoiding a disturbance for about 10 minutes through a 120,000 won in the market price of the victim’s possession, in a manner that they walk up with the string of the stringer, while assaulting G and H, and in combination with I in the next part, walk up with the stringer.

Accordingly, the defendant damaged the victim's property in collaboration with I, and interfered with the victim's bar business by force in collusion with I.

[Defendants]

2. At around 22:40 on May 23, 2013, the Defendants: (a) at the Fju point listed in the foregoing Paragraph (1) above; (b) at the 112-reported 112, the head of the police station J District of the Eastern Police Station, after asking the Defendant B to ask him/her personal information; and (c) put the reporter’s wall on his/her floor to the said G and H; and (d) put him/her under the care of the said G and H.

As a result, Defendant B, who said that he would be called "Seak and n," committed assault against K, such as spiting the face of K, spiting it into the floor of the spiting, and spiting it into the side, and Defendant A, who was on the side, also in his face and spiting the face of K one time, which is going beyond the course of the spiting.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement to G, H, E, and K;

1. On-site photographs, customer principal documents, and assault photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of damaged articles);

1. Defendants of the pertinent legal provision and type of punishment regarding criminal facts: Articles 136(1) and 30 of the Criminal Act: Defendant A: Punishment of Violences, etc. Act.

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