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(영문) 수원지방법원 성남지원 2016.08.03 2016고단1278

공무집행방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A around November 18, 2015, around 18:00, around the Sungnam-gu, Seongbuk-gu, Sungnam-gu, Seoul, initiated a motor vehicle driven by D in front of Sungnam-gu, and obstructed the street and cut off the foregoing motor vehicle while carrying out the trial expenses, “A has a person who was carrying out the time expenses when he was not faced with the vehicle.” The police officer of the Sungnam-gu police station E box sent to the site after receiving a report 112, was prevented from being controlled by F. of the police officer assigned to the police officer.

Defendant A, by doing so, intended to take care of the police officer’s duty, such as “mathing, cutting off, and breaking away,” and sprinking the above F's arms by hand, plucking, cutting off several times, and Defendant B, who is the driver of Defendant A, committed assault by sprinkling the police officer’s body at hand, such as “Ying horse, sprinkling,” and sprinking the above F’s body by hand.

As such, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of reports by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of each video CD-related statute;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 (Selection of Fines) of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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