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(영문) 대전지방법원 홍성지원 2015.11.11 2015고단731
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendants are co-principals.

1. At around 20:10 on June 7, 2015, Defendant A expressed his finger at the Defendant’s house located in Bohyeong-si, 112 reported and sent out, Defendant A expressed his fingers to D in a large amount of urine, and “I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, h h h h h h h h h h, h h h h h h, h h h h h h h h, h h h h h h h h h h h h h, and h h h h h h h h h.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

2. Defendant B, at the time, and at the place specified in paragraph (1), assaulted Defendant B’s scambling F with both hands in the process of arresting Defendant B as a flagrant offender committing an obstruction of performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers to arrest flagrant offenders.

Summary of Evidence

【Court No. 1】

1. The defendant A's partial statement

1. Each police statement made to D and F (the second fact at the time of making a statement);

1. Defendant B’s legal statement

1. Application of each police protocol to D and F

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 136 (1) of the Criminal Act;

1. The defendants of suspended sentence: The reasons for sentencing [the scope of applicable sentences under the law] under Article 62(1) of the Criminal Code [the scope of applicable sentences] shall be from one month to five years (the application of the sentencing guidelines]: Each obstruction of performance of official duties, obstruction of performance of official duties, and obstruction of execution.

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