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(영문) 수원지방법원 평택지원 2018.11.29 2018고단1027
공무집행방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2018, Defendant A committed assault, such as assaulting, on his own hand, the police officers belonging to Pyeongtaek-gu Police Station G District, who called up after receiving a report of 112 stating that “A male fingers son wears side tables and watch b,” to the “F” located in Pyeongtaek-si, 2018, Defendant A sent out of the above business place, who was in a dispute with the owner of the said passenger car and the Defendant’s female-friendly job offers B, and again prevented the Defendant from putting into the said business place, and she prevented him from putting into the said place.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

2. Defendant B, at the date and time, at the place specified in paragraph (1) and at the place, the police officers belonging to Pyeongtaek-gu Police Station G District Team arrested a police officer as a police officer as specified in paragraph (1) of the above A in the act of assaulting the police officer as specified in paragraph (1) of the above A, and led the police officer belonging to the above District to wear the right shoulder of slope I, who is a police officer belonging to the above District, and assaulted the police officer, who was the police officer belonging to the above District, to take the left hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and J;

1. Application of the Acts and subordinate statutes to photographs by making an investigation report, a photograph of damaged parts, and a screen of video images;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (Selection of Imprisonment): Defendant B: Article 136(1) of the Criminal Act (Selection of Penalty)

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

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) and the age, occupation, sex, family relationship of the Defendant.

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