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(영문) 부산지방법원 2018.07.19 2018고단2280
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants had been operating with the owner of the business due to the settlement of charges from the “Esing” located in Busan Jung-gu.

1. Defendant A, at around 03:02 on March 29, 2018, avoided a disturbance in the instant singing room, and the police officers assigned to the Busan Central Police StationF boxes, who received 112 reports, tried to exercise tangible power, such as taking a bath for the said singing room business proprietor, and taking a garry, even when they were kept by the police officers assigned to the Busan Central Police StationF boxes, who called out after receiving 112 reports. The said police box was subject to sanctions from G by the police officer assigned to the said police box, and carried him/her with a wall.

On the other hand, the above Defendant committed assault, such as cutting off the above G, which sought to restrain the above act of the above Defendant, and cutting down H with a patrol force belonging to the above police box.

Accordingly, the above defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. The above Defendant B, at the date and time, at the place specified in the above 1.1. When and at the place, the above Defendant assaulted the police officers assigned to the above police box, and attempted to prevent them from being arrested by a flagrant offender from being arrested by the police officers. However, when the police officers were to be expelled from the police officers, the Defendant committed violence by having the police officers assigned to the above police box go beyond I, police officers G, and patrol officers assigned to the above police box by strong force, booming or booming the police officers assigned to the above police box, and getting them to go beyond H by cutting down his arms and booming the police officers assigned to the above police box.

Accordingly, the above defendant interfered with the police officer's legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to K, G, and H;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

1. Article 136(1) of the relevant Criminal Act on criminal facts

1. Articles 40 and 50 of the Criminal Act (Appointment of the Defendants in prison)

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 2006).

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