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(영문) 부산지방법원 동부지원 2016.08.08 2016고단703
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A around 01:50 on April 27, 2016, around F in Busan, and around 01:50, around G 112 reported by the said Defendant to the scene, the police officer assigned to the Busan Police Station, and the police officer assigned to the Busan Police Station to arrest a flagrant offender, and the police officer attempted to take the head of the J in his/her hand while taking a bath, and took two times the head of the J in his/her hair, brea the head of the J in his/her hair, brea the Defendant in his/her hair, and the Defendant B carried the Defendant in his/her arms and body with his/her hand while carrying the Defendant on the patrol.

As a result, the Defendants conspired to assault police officers, thereby obstructing police officers' legitimate performance of official duties concerning criminal investigation and escort of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Statement made by the police to K, J and I;

1. Application of Acts and subordinate statutes to investigation reports (as to attaching a detailed statement of 112 Reporting and Handling Cases);

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 136(1) and 30 of the Criminal Act (the imprisonment with prison labor for Defendant A and the fine for Defendant B)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendant A: Article 62 (1) of the Criminal Act;

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

1. Defendant B’s order of provisional payment: The Defendants are charged with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; however, the Defendants are against the Defendants; the victims and victims do not want the Defendants’ punishment; the Defendants’ age, family relationship, motive, degree of participation, etc. are considered and determined as ordered in consideration of all the normal materials revealed in the trial process.

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