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(영문) 의정부지방법원 2015.07.21 2015고단223

공무집행방해등

Text

Defendant

A shall be punished by imprisonment for 5 months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 30, 2014, the Defendant’s insultd Defendant A filed a 112 report in the “D’s singing room” located in Speaker-si C on November 30, 2014, and, upon reporting, Defendant A sent to face-to-face F and the Victim G, a police officer belonging to the Ku Government Police Station E Zone E Zone called upon.

The Defendant insulting the said victim by openly h, I, and employeesJ, etc., of the police officer in the course of confirming the field situation, etc., on the following grounds: “I will not have the victim h, I, and the said victim “I will not have the hings hings hings hing in the singing room,” and “I will not have the hings hings hingshing at the singing station at the end of each year,” and by openly hing the victim for about 10 minutes.

2. The Defendants’ obstruction of the performance of official duties committed assault by the Defendants at the above date, time, and at the above place to arrest a flagrant offender as the crime of insult. In the process of arresting a flagrant offender as the above, the franchis of police officers G fats and face at one hand. Defendant B: (a) on the part of the police officers in mobilization, the police officers arrested a person who is one’s pro-friendly A as a flagrant offender; and (b) on the part of the police officers in question, the police officers arrested the person as a flagrant offender, “B” and “B fat off, bat off, bat off,” and assaulted the person G,

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G;

1. Each statement of H, I, and J;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act - Defendant A: Article 311 of the Criminal Act, Articles 136(1) and 30 of the Criminal Act, the choice of imprisonment - Defendant B: Articles 136(1) and 30 of the Criminal Act, the choice of fines

1. Concurrent Crimes - Defendant A: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Detention in a workhouse - Defendant B: Articles 70(1) and 69(2) of the Criminal Act;

1. Suspension of execution - Defendant A: Article 62 (1) of the Criminal Act;

1. Provisional Payment Order - Defendant B.