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(영문) 수원지방법원 안산지원 2020.06.10 2020고단784

공무집행방해

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants: (a) arrested a flagrant offender who committed violence against a taxi engineer by the friendship C; and (b) sought to visit C as the above Ecom box to the Ansan Police Station Ecom box located in Ansan-gu, Ansan-si; and (c) tried to visit the said Ecom box; and (d) was under investigation by the police officer F and G, etc., a police officer belonging to the above Ecom box, on the ground that he was under investigation.

1. On December 9, 2019, Defendant A, at around 02:06, instructed the police officers assigned to the above Ecom box that he could not enter the investigation, Defendant A assaulted the above F, such as: (a) he was forced to open and enter the Ecom box, and (b) was tried to remove the police officers, such as the Police Officer F, etc., and (c) was satisfed with the said F’s chest by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order in police boxes.

2. Defendant B, along with the date and time, at the place specified in paragraph (1), and paragraph (1) of this Article, tried to compulsorily enter the E police box with the above Party A, and went back by police officers, including patrolmen G, etc., and told Defendant B, by hand, that “packs off the right side of the above G,” and assaulted the above G by carrying the back part of the above G at one hand and in hand, booming the flaps of the above G.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order in police boxes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of police statement concerning G and F;

1. Each statement of H and I;

1. Related photographs and related photographic records;

1. Related video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTVs);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the degree of obstruction of official duties resulting therefrom, and the defendants' punishment records, age, and crime.