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(영문) 광주지방법원 2017.02.08 2016고단5526

공무집행방해

Text

Defendant

The punishment against A shall be six months of imprisonment, and the punishment against Defendant B shall be one million won, respectively.

Reasons

Punishment of the crime

1. Defendant B: (a) around 13:50 on August 7, 2016, the Defendant: (b) was engaged in swimming with A, working in a valley in the south-si, the Southern-si, and in a valley near the 29 Yasan-ro, the Yasan-si; and (c) the Defendant was requested by the victim C, who is a special judicial police assistant belonging to the Yasan-do Office of the National Park Management Corporation, to verify the identity of the victim, including D, to whom multiple tourists request the identification from the victim D, who is a special judicial police assistant belonging to the Yasan-do Office of the National Park Management Corporation.

C. The victim publicly insultingd the victim by openly speaking as “I am, I am,” regardless of the gueste, internal organ report the identification card, and the name.”

2. The Defendant: (a) received a request for identification from C, a special judicial police officer, belonging to the Dogsan National Park Office of the Dogsan National Park Corporation, to receive a request from C, a special judicial police officer of the Dogsan National Park Corporation; and (b) received a request from C, as set forth in paragraph (1), for the photographing of dynamic images using a cell phone camera for the purpose of taking the dynamic image by using the cell phone camera, as stated in paragraph (1), the Defendant: (a) received a request from C, a hand and chest, to take the dynamic image; and (b) committed a assault against C, by putting C’s hand and chest.

As a result, the defendant interfered with the legitimate execution of duties concerning the crackdown on offenses in the park area of the special judicial police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each police with respect to C (one time, two times);

1. C Complaints;

1. Each investigation report (related to the statement of a blind person telephone, hearing of witness DNA telephone statements);

1. Application of Acts and subordinate statutes to field photographs (25 pages of investigation records);

1. Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Defendant B who choose a sentence to imprisonment: Article 311 of the Criminal Act; Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment (Defendant B).