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(영문) 수원지방법원 성남지원 2016.12.09 2016고단2979

공무집행방해

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

At around 21:20 on April 23, 2016, the Defendants continued to comply with the police officer’s request for a drinking test of alcohol by the police officer who was called out after having reported a traffic accident while the Defendant’s friendship was under the influence of alcohol at the Suwon-si Police Station D on April 23, 2016, according to the following circumstances: (a) the police officer and the police officer belonging to the Suwon-si Police Station Fabspiced to arrest the above E in flagrant offender; (b) 10 the Defendants’ friendship-gus and the above police officers; and (c) the Defendants were able to continue to wear the body and arms of G and Ha on several occasions on both hand.

As a result, the Defendants assaulted the above police officers to interfere with the legitimate execution of their duties concerning criminal investigations.

Summary of Evidence

1. Defendant A’s legal statement

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

1. Written Statement;

1. A copy of the traffic accident occurrence report (including attached data);

1. A report on investigation (as regards CCTV analysis, witness's statement);

1. Determination as to the assertion of the Defendants and defense counsel of the police officer’s assault boom photographs, the closure of the crime scene photographs, etc.

1. The defendant B and the defense counsel of the parties asserted that the defendant B did not exercise the force of force at all to the victims, and the defendant B taken the motion picture at the site, and the police knew another person on his own. The defendant A and the defense counsel denied the fact of conspiracy with the defendant B.

2. Determination

A. The following facts are acknowledged according to each of the above facts. (A) The Defendants-friendly job-friendly E, upon receiving a report of a traffic accident after drinking alcohol driving, continued to comply with the police officer’s request for a alcohol alcohol test and continued to stop driving on his/her motor vehicle.

B. Accordingly, the security guards G and police officers assigned to the F police box of the Suwon Police Station have forced E to enter the vehicle into the vehicle in order to arrest E as a flagrant offender, and then have three meters away from the vehicle.