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(영문) 춘천지방법원 2017.06.22 2017고단325
공무집행방해등
Text

Defendant

A Imprisonment with prison labor for a year and two months, and for a defendant B, for six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. On January 25, 2017, the Defendant: (a) at “Fem clubs” in the “Fem clubs of 01:34, Chuncheon-si, E three stories; (b)” the Defendant reported on 112, and requested the H to present his/her identification card; (c) “Pemt sar sar sar sar sar sar sar sar sar.”

Before putting the bath of the dog, she assaulted the H’s shoulder shoulder with both hands, such as pushing the H’s shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

B. On January 25, 2017, at around 02:10, the Defendant assaulted H as above at the place indicated in paragraph (a) and arrested the police officer of the Gangwon-do Police Station G District as a flagrant offender interfering with the performance of official duties. As such, the Defendant: (a) laid down stairs at the place; and (b) laid down the J’s face into four occasions; and (c) caused the injury of the face that requires approximately two weeks of treatment to the JJ of the next victim for about two weeks.

As a result, the defendant interfered with legitimate execution of duties by police officers on arrest of flagrant offenders, and at the same time injured the victim J.

2. Defendant B, at the time, at the time, at the place specified in paragraph 1-b, and at the above time, arrested Defendant B as a flagrant offender, Defendant B committed assaulting H, and arrested Defendant B as an official in the act of interference with the performance of official duties to the police officer, the police officer belonging to the G District of the Gangwon-do Police Station G District, Gangwon-do Police Station, and the police officer.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes of photographs, CDs, and medical certificates;

1. Relevant legal provisions concerning criminal facts;

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

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

1. Defendant A with ordinary concurrence: Articles 40 and 50 of the Criminal Act (which is between the crime of interference with the performance of official duties to J and the crime of injury).

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