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(영문) 대구지방법원 포항지원 2016.05.25 2015고정515

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:00 on July 26, 2015, at the point of “F” located in Nam-gu E, Nam-gu, Singu, the Defendant: (a) stated that C, in collaboration with C and D, intended to verify the reason for the Defendant, C, and C, a police officer of H district located in the south-gu, Police Station H district located in the south-gu, the Republic of Korea, where C was called upon by the Defendant, C, and D to check the reason for the Defendant’s occurrence of disturbance; (b) stated C, “I’s fingers that occur in the small wave,” and read C, “I’s fingers that occur in the small wave, D,” and the Defendant and D were sent along with the police officers belonging to the same police officer assigned to D, who were in the same area.

“Along with sound, J’s body is tightly shamped by J, D, “I’s knife and Chewing impule” while repeatedly engaging in an act of cutting down I’s knife and pushing ahead of his knife. At this time, the Defendant and C maintained the J’s body while taking a bath before J.

I and J have suffered from the foregoing assault, each of which requires approximately two weeks of treatment. They suffered from the fluoral dye of flaps in need of treatment.

Accordingly, the defendant jointly with C and D interfered with legitimate execution of duties on the maintenance of public order by I and J as police officials.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. A witness I and each legal statement of the J;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to work place);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;