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(영문) 대전지방법원 천안지원 2015.04.02 2014고정1070

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around 03:00 on June 19, 2014, the Defendant, at the main point of “D” located in Asan City, did not pay the drinking value after drinking alcohol, and tried to leave the scene by refusing to comply with the request for presentation of identification cards from the victim F (the age of 45) who is a slope belonging to the E-district of the Asia Police Station E-gu, Busan, who was called upon 112 after receiving the report, to “I have a warrant, and I have to do so.” On the other hand, the Defendant was notified of the purport that he is arrested as a flagrant offender under suspicion of fraud, the right to refuse to make statements, and the right to appoint a counsel. The Defendant committed assaulting the victim’s left hand-hand hand on the wall with the defect that he was brought in as of the above district, and the lock that he was seated with the floor and carried with him.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and F;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of video-related Acts and subordinate statutes to the site and damaged photographs;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The grounds for conviction of Article 334(1) of the Criminal Procedure Act against the Defendant and his defense counsel denied the instant charges by asserting that the Defendant did not assault the police officer F. However, even if each of the statements made by the witness G, H, and F was partly relevant to the time of the crime, the Defendant made a statement with the assent of all as to the overall Defendant’s assaulting F. The Defendant resisted the arrest of the police officer in the act of committing an act of committing an act of assaulting the act of assaulting the police officer at the time, and the Defendant resisted the two major soldiers at the time of the assaulting the police officer, and appears to have committed an assault against the police officer during that process. In full view of the facts charged in the instant case at the police investigation stage, it is sufficient to find the Defendant guilty of the instant charges.