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(영문) 수원지방법원 안양지원 2017.05.12 2016고단2177
공무집행방해등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

On August 30, 2016, the Defendants: (a) received 112 reports from “F” located in Sinpo-si E on August 30, 2016, and solicited the Defendants to pay the alcohol value to the Defendants and to return home; (b) Defendant A was sealed by the Defendant 1’s chest.

Accordingly, the defect that H and I attempted to arrest Defendant A as an offender in the act of interfering with the fraud and the performance of official duties of Defendant A committed an assault by Defendant A, such as following: (a) Defendant A 1’s fransh with the left hand, and continued to catch the I’s head by his hand; and (b) Defendant A was able to wear the I’s knife with Defendant A’s hand; (c) Defendant C was able to wear the knife with Defendant A’s hand; and (d) Defendant C was able to wear the h’s shoulder and knife; and (e) Defendant C was flue with the left hand when the h’s face was taken.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers related to the 112 Report Processing Affairs, and at the same time, they jointly interfered with the victim I with injury, such as damage to the integrity of their arms, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

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

1. The application of Acts and subordinate statutes to photographs, identification cards, and medical opinions on damage;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act (a point of obstructing the performance of official duties), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a point of joint injury)

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

1. The Defendants: Imprisonment with prison labor;

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act - Unfavorable circumstances: the Defendants assaulted two police officers to interfere with the performance of police officers’ duties; as well as the nature of crimes causing bodily injury to one police officer, the Defendants committed violent crimes, and Defendant C interfere with the performance of official duties.

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