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(영문) 대구지방법원 2016.07.15 2016고단1868
공무집행방해등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 7, 2016, Defendants in violation of the Punishment of Violences, etc. Act (joint assault) reported that there was a dispute between Defendant E and the victim F, in front of D marina in Daegu-gu, Daegu-gu, about 02:00, Defendant E and the victim F, Defendant A snicked the victim’s chest on three occasions by hand, and Defendant B assaulted the victim jointly by taking approximately two occasions at around two occasions by drinking the victim’s head.

2. Interference with performing public duties;

A. Defendant A, at around 02:13, at around 02:13, at the place of paragraph (1) on the date indicated in paragraph (1), committed assault by the police officer of the Daegu Southern Police Station G police station G police station, who was called upon upon the above notification, to arrest the police officer who continuously assaults the above F as a current offender, and in his hand, assaulted the police officer’s duty uniform, with the police officer’s flabing the H’s flab at one time.

The Defendant interfered with the legitimate performance of duties by police officers related to criminal investigation as above.

B. Defendant B, at the time and place described in the above A. At the same time and place, and at the same time, Defendant B, a police officer affiliated with the same police box, arrested a flagrant offender who obstructed the arrest as above, and was assaulted by the police officer of H and I by putting the police officer’s uniform to the patrol vehicle, on his hand, with the charge of obstructing the arrest of A from performing his official duties.

The Defendant interfered with the legitimate performance of duties by police officers related to criminal investigation as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made to H and I;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the dispatch of the scene, a photograph of the body of the Defendants, victims, etc., and a G police box service

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint assault) and Article 136 (1) of the Criminal Act concerning criminal facts (a point of obstructing the performance of official duties)

1. Articles 40 and 50 of the Criminal Act (limited to cases where a person interferes with the execution of official duties in accordance with Article 40 of the Criminal Act);

1. Selection of punishment (the Defendants)

1. Concurrent Crimes.

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