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(영문) 수원지방법원 평택지원 2016.01.22 2015고단1884
공무집행방해등
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

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

Reasons

Punishment of the crime

1. On December 11, 2015, at a construction site located in Pyeongtaek-si E around 13:10 on December 13, 2015, the Defendant: (a) was asked the victim G (43 Does) who was sent to the site after receiving a report from 112 and was asked about the details related to the report from 112 from the victim G (the police box of Pyeongtaek-gu Police Station) who was assigned to the construction site; (b) the police officer (27 years old); (c) the Defendant was able to receive the fright back if the Defendant was a police officer: (d) the Defendant 13:10, and 10, took the fright back, she was frighted to the fright, and she was frighted to the frighter; (d) the Defendant frighted the frighter’s chest, who was frighted by the police officer; and (d) the Defendant continued to inflict an injury on the victim’s left.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning 112 reporting management, and at the same time injured the victim.

2. Defendant B, at the date and time, at the place specified in paragraph 1, was found to have been sealed by G (43) who was a police box affiliated with the Pyeongtaek Police Station F police box, and H (27) who was a policeman, tried to arrest Defendant A as a current offender interfering with the performance of official duties; Defendant B’s chest, a police officer, was pushed off the chest of G, who was a police officer, to stop under the influence of alcohol, and was pushed down with H’s body, who was a police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. The legal statements of Defendant B and some of Defendant A’s legal statements

1. Each police statement made with respect to G and H;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: each of them.

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