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(영문) 청주지방법원 충주지원 2015.02.13 2014고단502
공무집행방해등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

As stated in each facts charged, the same shall apply.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of C or D;

1. B written self-statements;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on internal investigation:

1. photographs of victims, and photographs of the case;

1. Each Ethical reply;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 136(1) (the point of obstruction of performance of official duties), 257(1) (the point of injury), 151(1), 31(1) (the point of a criminal delivery teacher), 148-2(1)2, and 44(2) of the Road Traffic Act, Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance vehicles);

B. Defendant B: Article 151(1) of the Criminal Act

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

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

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the community service order: Defendant A had a same criminal record including a suspended sentence under Article 62-2 of the Criminal Act, and Defendant B also committed the instant crime even though the same criminal record of a fine was committed once, the Defendants committed the instant crime; Defendant A’s crime of aiding and abetting a criminal from committing a crime and aiding and abetting a criminal is a crime that is based on the discovery of substantive truth; Defendant A committed the obstruction of performance of official duties is a crime that is advantageous to the safety of the general public and is in need of strict punishment: The Defendants are committed against each other; Defendant B has no criminal record beyond a fine; Defendant B deposited part of the money for each police officer; Defendant A deposited part of the money; and records, such as the degree of the Defendants’ participation in the instant crime, age, character and conduct, occupation, and family environment.

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