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(영문) 수원지방법원 성남지원 2014.05.12 2014고정357

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. Around 06:30 on April 8, 2013, the Defendant: (a) received a report as a drinking disturbance in front of 209, Sungnam-gu apartment house B, Sungnam-gu, Sungnam-gu, 201; and (b) received a report as a drinking disturbance; and (c) received a recommendation from the victim D to return home from the police officer affiliated with the Sungnam-gu Police Station C commander of the Sungnam Police Station, Sungnam-gu, who was called out, and five residents of the above apartment; and (d) received the victim’s speech, the Defendant openly insultingd the victim.

2. The Defendant, at the time, at the place, and at the time, at the place, as described in Paragraph 1, arrested the Defendant as a flagrant offender of insult by a police officer insulting D and called together, and such D attempted to take the Defendant on the police along with E, and resisted the Defendant’s face and part of D in drinking while resisting it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and escort of D flagrant offenders who are police officers.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement concerning D;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;