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(영문) 수원지방법원 안산지원 2016.11.10 2016고단2167

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 5, 2016, around 01:40, the Defendant continued to assault F, such as 110 knife the Defendant’s assaulted on the 110th knife-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Ye-Se-Ye-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se

Around that time, the Defendant saw that “I have ever known, I would like to see if I would like to see, I would like to see, E, and F’s arms. However, E and F’s arms were avoided, and E and F’s arms were assaulted by E and F’s arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, F, and E (with respect to C, part of the statement);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the taking into account favorable circumstances, such as the fact that police officers who have suffered damage do not want the punishment against the accused and that there is no particular criminal history for the accused);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion 1) Since it cannot be deemed that there was a concern about the escape or destruction of evidence at the time, the arrest of the defendant against the flagrant offender was illegal for the execution of official duties. 2) As such, the defendant's arrest of the flagrant offender was not notified at the time of arrest. Thus, the arrest of the defendant against the

2. On the first argument, the following circumstances acknowledged by the evidence in the holding, i.e., the defendant's dispatch after the dispatch of the police officer.