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(영문) 수원지방법원 성남지원 2014.10.23 2014고단2210

공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A around September 9, 2014, around 02:11, at an open space in the 'E funeral hall in Seongbuk-gu, Seongbuk-gu, Sungnam-si', the first floor and the second floor, the police officer belonging to the Sungnam-gu Police Station, who was in receipt of a report of assault, and called "G, who entered the open space where the report is filed due to the string angle on the floor, H, who entered the door of G, who was head, and reported on the string of G, and who was sprinked out of G's work clothes, and who was sprinked out of the corridor by cutting down the work clothes of G.

Accordingly, in the process that the victim H (the age of 42) who was a police official dispatched together takes the floor of Defendant A to arrest Defendant A as a flagrant offender in the obstruction of performance of official duties, Defendant B took the view that “this sprinks” was “this sprinks” in combination with this, and the head of H’s right head due to drinking while cutting down the H’s work uniform and pushing it down, and Defendant A took the left part of H’s back to drinking.

As a result, Defendant A interfered with the legitimate execution of duties in relation to G’s criminal investigation, etc., which is a police official, and the Defendants conspired and interfered with the legitimate execution of duties in relation to the arrest of a flagrant offender of H, who is a police official. At the same time, the Defendants jointly committed damage to the character of head part requiring medical treatment for about one week, and spambling.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. The investigation report (as to the statement of the shote)

1. Application of a medical certificate, damage photographing statute;

1. Articles 136 (1) and 30 of the Criminal Act, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act, concerning the facts of the crime concerned;

1. Where the act of assault and intimidation has been committed against multiple public officials who perform the same duties as those provided for in Articles 40 and 50 of the Criminal Act, the number of public officials who perform public duties shall be the same according to the number of such public officials;