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(영문) 창원지방법원 2014.07.22 2014고단1172
공무집행방해
Text

1. Defendant A

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

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

Reasons

Punishment of the crime

1. On May 3, 2014, Defendant A: (a) assaulted the police officer’s legitimate execution of his duties on the maintenance of public order, etc. by assaulting the Defendant’s slope D belonging to the Zone C District of the Kim Sea Police Station, which was dispatched after receiving a report of an disturbance under the influence of alcohol along with Defendant’s wife B and other driving on the road in front of the Kimhae-si, Kim Jong-si on May 3, 2014.

2. Defendant B: (a) reported that the police officers dispatched at the above date and time and at the above place arrested the Defendant’s husband A as a flagrant offender and carried the Defendant on the patrol vehicle; (b) opened the breath of the police officer D’s fat, fating the fat, fating the fat, wearing the fats on the left shoulder of the outer shoulderer; and (c) opened the fats, “I am out of fat. I am out of the fats. I am out of her husband; and (d) obstructed the police officer’s legitimate performance of duties concerning criminal investigations, etc. by assaulting the police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of D and E;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

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

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

3. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following circumstances considered in favor of the reasons for sentencing).

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

5. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

1. Defendant A committed the instant crime by assaulting a police officer dispatched after receiving a report on the ground of a disturbance by the Defendant, etc., in view of the father and degree of the assault, etc.

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