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(영문) 수원지방법원 2016.02.04 2015고단718
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around September 7, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) brought about a dispute in the course of having the victim G (43 tax) go against the victim G in front of the F Health Center located in Ma in Ma in the period of having the victim G (43 tax) go against around the F&C, C, D, and on September 22, 2014.

The Defendant collected plastics from the victim G and the victim H (V, 24 years old) and laid the plastic stuffs at one time at the right eye of the victim G with drinking, and the victim G faces with drinking, and C took the face of the victim G with drinking, and C took the spath of the victim G, took the spath of the victim G, took the face of the victim H into hand, and D took the chest and shoulder of the victim H with drinking.

Accordingly, the defendant assaulted victims jointly with B, C, and D.

2. The Defendant of the assault, at the time and place specified in paragraph 1, intends to fight the victim I (53 Does) at the time and place.

The victim’s face was assaulted once by drinking only one thing “.”

3. On September 7, 2014, the Defendant obstructed the performance of official duties, at around 22:35, who was reported in front of the F Health Council member in front of the F Health Council, and was dispatched by the police box affiliated with the judicial police box called up, assaulted the face of the above K one time as a drinking to restrain the Defendant who was dispatched to G to display his/her food to G, and committed an assault, such as opening the shoulder dog of the said K.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or G;

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

1. Application of the respective Acts and subordinate statutes of L and M;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 136(1) of the Criminal Act (amended by Act No. 1374, Jan. 6, 2016);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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