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(영문) 창원지방법원 2013.12.24 2013고정1311

공무집행방해

Text

1. Defendant A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 3 million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. On June 23, 2013, at around 23:10, Defendant A reported to 112 that Defendant A was assaulted by B, who was placed in the front of the Defendant’s house located in Kimhae-si, with the driver’s seat, and was wraped with B and his spouse, with the driver’s seat, caused a traffic accident.

Upon receiving the Defendant’s report, the Inspector F, a police officer belonging to the Kimhae Police Station E District E District, who was called for, processed the Defendant’s report case, and notified the Defendant that he would have been in charge of drinking driving, and that he would have been in charge of the Defendant. The Defendant used F to take a bath, such as “I have driven. I have been in her. I have been coming to ever since why she was reported. I have ever. I have committed assault to F, such as “I have been in her possession,” “I have been in charge of drinking,” and sexual intercourse, and assaulted F with F’s threshold and trees twice due to his fingers.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. Defendant B, at the time, and at the place described in the above paragraph (1), assaulted F, as described above, and reported that he was arrested as a flagrant offender in the crime of obstruction of performance of official duties by the police officer F, who is a police officer belonging to the Kimhae Police Station E District Unit, and by a slope G, the Defendant committed assault with F and G, such as f, by putting F’s hand off, removing f, destroying f, bating the bat, and fating the bat, and continuously fating the bat.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant B’s legal statement

1. The legal statement of the defendant A (as of the second trial date);

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article applicable to criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Code

2. Defendant B of ordinary concurrence: Articles 40 and 50 of the Criminal Act.

3. Selection of each alternative fine for punishment;

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

5. The order of provisional payment is issued for reasons under Article 334(1) of the Criminal Procedure Act.