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(영문) 울산지방법원 2015.03.25 2014고단3801
공무집행방해
Text

Defendant

B and C shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, as against Defendant B and C.

Reasons

Punishment of the crime

Defendant

B and C around 07:05 on September 10, 2014, at the point of "F" located in Ulsannam-gu E, Ulsan-gu, and discussed to the Ulsan-nam Police Station that, while drinking alcohol together with G on several occasions due to a violation of the Punishment of Violences, etc. Act (joint injury), G was notified of the fact that G was a police officer, who was a police officer at the Ulsan Southern Southern Police Station, and an assistant He (42 years old) and a police officer belonging to it, who was notified of the fact that G was called the police officer, and then asked G to the effect that it was not a leader, who was requested to present G identification card, in order to interfere with G's arrest.

Accordingly, H and I moved to G out of the above main point in order to arrest G, and Defendant C was tightly pushed back with H, etc. to take the hand back of G with his hand, and Defendant B was in his hand left in order to keep his body.

Accordingly, the Defendants conspired in collusion with H and I, thereby obstructing the legitimate execution of duties concerning the arrest of the times.

Summary of Evidence

1. Each legal statement of the defendant B and C

1. Legal statement of the witness H;

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

1. Application of the Acts and subordinate statutes on damaged photographs and CCTV photographs;

1. Articles 136(1) and 30 of the Criminal Act applicable to the Defendants B and C of the relevant criminal facts

1. Defendant B, C: Selection of imprisonment;

1. Defendant B and C: Article 62 (1) of the Criminal Act (i.e., confession and reflect, and the fact that there is no record of criminal punishment except for the one-time fine for this species);

1. Defendant B and C of the community service order: The part not guilty under Article 62-2 (1) of the Criminal Act (Defendant A);

1. The summary of the facts charged is as follows: Defendant A, at the time and place as indicated in the judgment, sealed Defendant B, and conspired with Defendant B, C, and obstructed the legitimate execution of duties in relation to the arrest of the inquiree by assaulting Defendant A and I.

2. According to the evidence of the judgment, the Defendant’s shouldered the H’s shoulder to arrest G as stated in the summary of the facts charged and sold by hand.

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