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(영문) 수원지방법원 2015.06.11 2015고단1657

공무집행방해등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On February 6, 2015, the Defendants in conflict with D's Eststetian car during the Haak-gu, Young-si, G (44 years old) and H (29 years old), upon receiving D's report, were asked to inquire about the circumstances of the accident.

Defendant

A around 21:42 of the same day, at the place above 21:42, a slope G, “a fluore fluore, bitch fluore, fluore fluor, fluore fluor, fluore fluor, fluore fluor,” brine, fluoreen, fluord, flueen, fluord, fluord, fluord, humd, humd, humd, humd, humd, humd, humd to H at the floor of hand, flue G, flue fluor, and flue both parts of the victim’s body by hand, and flue flue flue.

Defendant

B은 G이 사건 처리절차를 설명하고 병원에 데려다 주려고 하자 “씹할 한국 경찰들 좆같다, 짭새들, 나이도 어린 새끼가”라고 욕설을 하며 손으로 G의 몸을 잡아당기는 등 폭행하였다.

Accordingly, the Defendants conspired to interfere with the legitimate performance of duties by police officers on the maintenance of public peace and order, and at the same time, Defendant A committed an indecent act by force against Defendant A’s policeman.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of each statute of G, H and D

1. A defendant of the pertinent legal provision concerning criminal facts: Articles 136(1) and 30 of the Criminal Act, and Article 298 of the Criminal Act; Article 136(1) and Article 30 of the Criminal Act; Article 136(1) and Article 30 of the Criminal Act;

1. Defendant A of the ordinary concurrence of crimes: The prosecutor of the Criminal Act Article 40 and Article 50 (Punishment on the basis of the crimes of obstruction of performance of official duties, the crimes of indecent act by compulsion against H, and the crimes of indecent act by compulsion against which punishment is the largest).