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(영문) 수원지방법원 평택지원 2017.06.14 2017고단232
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who is a defendant shall distribute alcoholic beverages that are harmful to juveniles to juveniles;

Nevertheless, at around 01:40 on October 29, 2016, the Defendant distributed 3 C C and 6 C and 6 C purchased from convenience stores, taking advantage of D, E, F, G (at least 17 years old), and line D, F, and G (at least 16 years old).

2. The Defendants’ joint crime committed around 01:40 on October 29, 2016, the first floor of the building located in Pyeongtaek-si H divided into a youth part-time employee with beer, beer, and beerer, and the beer and beer, and the 112 report was received, and 112 report was sent to that place, and the Defendant A attempted to verify whether the said juvenile was drunkly drinking. Defendant A obstructed the front of the said I and carried the I’s body in hand, and the Defendant B took the fluence of drinking alcohol cited by the JJ in the same police station.

As a result, the Defendants conspired to commit violence against police officers who were performing legitimate duties concerning the handling of 112 Declarations and interfered with the performance of official duties.

Summary of Evidence

1. The Defendants’ respective legal statements

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

1. Each police statement made to I and J;

1. Each statement of D, F, G, E, and K;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 136(1) and 30 (a) of the Criminal Act; Article 59 Subparag. 6 and Article 28(1) (a) of the Juvenile Protection Act (a distribution of drugs harmful to juveniles);

B. Defendant B: Articles 136(1) and 30 of the Criminal Act

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act;

1. Reference to the sentencing guidelines for interference with the execution of official duties in the holding [the scope of recommendations] interference with the execution of official duties.

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