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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1695
공무집행방해등
Text

Defendants shall be punished by imprisonment with prison labor for ten months.

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On July 29, 2015, at around 22:05, the Defendant suffered an injury to the victim F.(61) and c.m., who had a de facto marital relationship with the Defendant, and had a f.m., who had a c.m. with another male, and had a c.m. dispute with the said B, on the frontway of Pyeongtaek-si apartment building E, which had a de facto marital relationship with the Defendant. On the other hand, the Defendant had a c.m. with the Defendant, and had a c.m., which had a c. of c.s. f. and had a c.m. for approximately three weeks of treatment.

B. The Defendant interfered with the performance of official duties at the time and place specified in the above paragraph 1-A, and as a result, was arrested a flagrant offender from the police officer H belonging to Pyeongtaek Police Station G District District, due to the crime of assault, and obstructed the police officer’s legitimate performance of duties concerning report processing and arrest of flagrant offenders by assaulting the police officer by taking the breath while taking a bath to the police officer, and by taking the breath of the police officer’s shoulder with his hand.

2. Defendant B, at the time and place described in the above paragraph 1-A, stated that the victim I (32 32) who was the police officer belonging to Pyeongtaek Police Station G District, tried to arrest the above A as a flagrant offender for the crime of assault, and thereby pushed the shoulder and breath of the above police officer’s shoulder and breath with the hand floor, and attempted to cut the lock from the police officer, thereby hindering the police officer’s legitimate performance of duties concerning the handling of the report and the arrest of the flagrant offender, and at the same time interfered with the police officer’s lawful performance of duties concerning the above police officer’s chest and breath of duties, and at the same time, caused the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement protocol (H, I);

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (I (I(I No. 18) and F)

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendant A who has aggravated concurrent crimes: Criminal Act.

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