logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.28 2015고단3400
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On November 23, 2015, Defendant A operated a driving school vehicle in front of E in Kimhae-si D around November 23, 2015.

F, even though Gman, who was called up upon 112 reported by the F and Duna, confirmed the circumstances of the case from the Defendant and F, and the said F, “A student was returned first to the Republic of Korea,” Had the said Gman’s Had the instant vehicle on the ground that G was sent first to the said F, and the said patrolman prevented the said vehicle on the street, and prevented the said patrolman, and the said patrolman’s Had the breath of the said patrolman’s Had the Hadles, thereby decing the Hadles of the said patrolman’s Had the Defendant’s arms due to the defect that H’s failure to arrest the Defendant due to interference with the performance of official duties.

As a result, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the handling of the 112 reported case, and committed an emerculation for approximately two weeks of medical treatment.

2. Defendant B, at the time and place indicated in the preceding paragraph, told Defendant B to arrest the Defendant’s husband who was the Defendant’s husband, “I would have any reason to arrest the Defendant,” and carried the Defendant’s chest and arms in hand.

Accordingly, the defendant assaulted a police officer to interfere with the legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A criminal investigation report (including attachment of photographs and video CDs, accompanying materials);

1. Application of Acts and subordinate statutes of the Certificate of Injury to H;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 136(1) (the point of obstructing the performance of official duties) and Article 257(1) (the point of harm) of the Criminal Act;

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

1. Defendant A with an ordinary concurrence: 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. Defendant A of a community service order: Article 62-2 of the Criminal Act and the observation of protection, etc.

arrow