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(영문) 대전지방법원 천안지원 2017.10.27 2017고단1950

공무집행방해등

Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On July 28, 2017, around 23:30, Defendant A obstructed the victim’s restaurant business by exercising violence against the victim’s victim who was in the south-gu, Nam-gu, Dong-gu, Dong-gu, the victim D, with two women in fluencing, drinking, and drinking in the E-cafeteria operated by the victim D.

B. Defendant A at around 23:45 on July 28, 2017, at the place described in the foregoing paragraph (a) at around 23:45, the lower court: (a) prevented Defendant A from carrying out official duties; (b) prevented him/her from assaulting the said D; (c) obstructed the Defendant A’s chest of the said G by having a lusium affiliated with the police box of the Yananannam Police Station, the police box called “the police officer who ought to take the police; and (d) pushed him/her once.

As a result, Defendant A assaulted a public official executing the 112 reported case handling affairs.

2. Defendant B: The above Defendant B

1. (b) The date and time of entry in the port, and the place as above, the defect in the arrest of A in flagrant offender who is the seat of G, and the fact that “A is the police of the Republic of Korea, I would like to see at the present moment, I would like to get off the arms of G and pushed off the chest of the above G with his arms.”

As a result, Defendant B assaulted a public official executing the duties of prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Written statements of D;

1. On-site photographs and victim photographs;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, (A) and the current status of personal expropriations (A);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of fines) and Article 314(1) of the Criminal Act (the point of obstructing the performance of duties and the selection of fines)

B. Defendant B: Article 136(1) of the Criminal Act; selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69 of the Criminal Act.