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(영문) 광주지방법원 목포지원 2017.03.14 2017고단84
공무집행방해
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2016. 10. 2. 22:50 경 목포시 D에 있는 E 파출소에서 F에 대한 폭행사건으로 조사를 받기 위해 대기를 하던 중, 위 파출소 소속 경장 G으로부터 인적 사항을 알려 달라는 얘기를 듣자 위 G에게 ‘ 네 얼굴 봐 놨다, 내가 살다 나오면 네 경찰 생활 끝이다 ’라고 말하며 발로 위 G의 오른쪽 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the investigation of crimes.

2. On October 3, 2016, Defendant B assaulted Defendant B, at the front of the police box of the above E, around 00:05, in order to restrain the defects that the above G attempted to take aboard A to the police station of the Babbling Police Station, to stop the said G from carrying it onto the patrol vehicle, such as taking one time the arms of the above G and taking the arms of the above G by hand, etc.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the escort of criminals.

Summary of Evidence

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

1. A protocol concerning the examination of suspect against the defendant B;

1. Statement of the police statement related to G;

1. Each statement of the F;

1. Application of the Act and subordinate statutes on video CDs by a copy of the document for service of the instant photograph and police box, and by a police box;

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act concerning criminal facts (the punishment of imprisonment with prison labor for Defendant A and the fine for Defendant B)

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended punishment (the scope of the recommended punishment) on the sentencing criteria (the scope of the recommended punishment / Defendant A / [the scope of the recommended punishment ] The basic area (fence of obstructing the performance of official duties and coercion of duties) (fence of 6 months to 1 year and 6 months) is nonexistent;

2. Determination of sentence;

(a) Defendant A: Six months of imprisonment and two years of suspended execution;

B. Defendant B: The Defendant A used a fine of 2,00,000 won to assault a police officer while being examined by the police box as an assault case that was committed by himself.

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