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(영문) 수원지방법원 2012.12.26 2012고단3993

공무집행방해

Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of 5,000,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. On August 29, 2012, Defendant A received a report that fighting had been set on the front of the Hemb in Suwon-si, Suwon-si, Gyeonggi-do, and received questioning from Police Officers J on the details of the report, Defendant A obstructed police officers’ legitimate performance of duties in relation to police officers’ inquiries, by taking into account the left part of the J on one occasion, on the ground that Defendant A was put on fighting on the front of the Hemb in Suwon-si, Suwon-si, Gyeonggi-do, and received questioning from Police OfficersJ on the details of the report.

2. Defendant B, upon receiving the report as described in paragraph (1) at the time, at the place specified in paragraph (1) and paragraph (1), arrested A and arrested Defendant B, and thereby interfered with the legitimate execution of duties of the victim with respect to the arrest of a police officer in the act of committing an act of committing an offense in the line of duty in order to ask questions to Defendant B as to the reported matters. At the same time, Defendant B, as well as Defendant B’s son and two descendants, took the victim’s left hand and interfered with the victim’s lawful performance of duties, and entered the victim’s a

3. Defendant C interfered with the legitimate execution of duties concerning the arrest of the police officer in the act of committing an act of committing an offense on the ground that the above J, who was dispatched upon receipt of the report as stated in paragraph (1) and at the time and place set forth in paragraph (1), arrested friendly A and B.

Summary of Evidence

1. Defendant A and C’s legal statement

1. Defendant B’s partial statement

1. Legal statement of the witness J;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions pertaining to criminal facts A and C: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act;

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

1. Defendant A and B who choose a sentence of imprisonment: Defendant C who choose a fine;

1. Defendant C at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A and B: Article 62 (1) of the Criminal Act;

1. Defendant A and B of probation and community service order: Defendant A of the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The first of the Defendants attacked the police officer, and eventually led to the occurrence of this case to their relatives.

2.