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(영문) 대전지방법원 2018.11.22 2018고단3162
공무집행방해
Text

Defendant

A Imprisonment for six months, and each of the defendants B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On August 4, 2018, around 00:46, the Defendants: (a) 00:46 on the front day of the Daejeon Seosung-gu C commercial building, and (b) on the same day, caused D to drive a vehicle of Defendant B at the same place; and (c) have been in dispute with D and fee urgency, and (d) the Defendant used to assault D and report it, and sent the situation F of the region belonging to the same E unit.

Nevertheless, Defendant A continues to assault Defendant D, and F said that “A may, if a police officer exists, assault the victim, be arrested as a current offender,” and the Defendant A prevented Defendant A from committing an assault. Defendant A, who read, “I must do so more.” Defendant A, who pushed F with left hand, bifs twice the part of F with both hand, and prevented Defendant A, who continued to go to D, from leaving the body of F in two arms.

As a result, the Defendants conspired to interfere with the legitimate performance of official duties concerning the 112 reporting handling duties by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made to D or F;

1. Arrest report on the occurrence of a case, the list of reported cases, and the victim's photograph;

1. Application of Acts and subordinate statutes of subparagraph (B) to inquiries, such as reports on investigation and criminal history;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Defendant A: Imprisonment with prison labor, and Defendant B: Selection of fine;

1. Attraction of a workhouse (Defendant B) Article 70(1) of the Criminal Act;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] [the grounds for sentencing of Article 334(1) of the Criminal Procedure Act] The basic area (from June to one year and six months) (the decision of sentencing] (the punishment shall be sentenced] cannot be deemed to be less that of assaulting the landscape called out upon receiving a report, and all the Defendants have a majority of criminal records (Defendant A - the violation of the law of the breadth).

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