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(영문) 수원지방법원 성남지원 2016.10.06 2016고단2078
공무집행방해등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above punishment shall be imposed for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 01:10 on December 27, 2015, Defendants of the obstruction of performance of official duties were informed of the police officers F, G, and Defendant A, who were dispatched after receiving 112 report, who were asked about the case from the police officers F, and the police officers F, and the Defendant A, who was called for satisf, was at one time at the place as indicated in paragraph (1).

Accordingly, as the above F's body was removed from Defendant A's body, Defendant B was pushed down with F's body by hand, and Defendant A was in good faith, and Defendant A was in good faith in F's body.

Then, Defendant A was removed from the police officer G at the Sungnam Police Station Escopa, and the face part of G was flicked one time by hand, and was pushed down with flat.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers on the handling of reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the victims and witnesses;

1. Video CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article applicable to criminal facts;

A. Defendant A: Articles 136(1) and 30 of the Criminal Act

B. Defendant B: Articles 136(1) and 30 of the Criminal Act

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

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of fine

1. Defendant A: Article 62 (1) of the Criminal Act (limited to the case of a fine before 2002 and the degree of violence is insignificant; Probation is imposed to prevent recidivism);

1. Defendant A, who provides community service or attend lectures: Article 62-2 of the Criminal Act;

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

1. Defendant B of the provisional payment order: The dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act

1. The facts charged (the Defendant’s assault by Defendant A) on December 27, 2015, on the ground that around 01:05, the victim D (20 years of age) who was her age at the front road of the Young-gu, Young-gu, Sung-gu, Ydong-gu, Sungnam-gu, Gyeonggi-do, would have avoided tobacco, and the part of the victim’s left part is one time.

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