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(영문) 인천지방법원 2014.01.16 2013고단7734

공무집행방해

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

1. On October 22, 2013, Defendants A and B received a demand to present an identification card on the ground that they throw away tobacco butts from the slope belonging to the Incheon Southern Police Station D Zone D District, where they were patroled in front of the Jeju Southern Coast Guard located in 30, Nam-gu, Incheon, Nam-gu, Incheon, and that they teared cigarette.

Defendant

B Upon the above demand, “We are aware that our father will not only go to work in the Cheongdae, I will see,” and Defendant A expressed that “I will franch franch franch franch franch franch franch franch franch franch franch franch franch franch franch franch,” Defendant B and the above franch franch f, in order to prevent Defendant B from carrying the franch as a flagrant offender A and carrying the franch f, respectively.

Defendant

B around 22:10 on the same day, at the D District of the Incheon Southern Police Station located in Nam-gu Incheon Metropolitan City, the chest part of the above E and F was pushed off by hand, who was demanded from the above E and F to get off from the patrol car.

Accordingly, the Defendants conspired and interfered with the maintenance of police officers' order and legitimate execution of their duties concerning arrest of flagrant offenders.

2. On October 22, 2013, around 22:10 on October 22, 2013, Defendant B left the Incheon Southern Police Station D District D District of the Incheon Southern Police Station located in Nam-gu Incheon Metropolitan City, and left the said portable inquiry device on the floor of the seed to take a portable inquiry device.

Accordingly, the defendant damaged the use of a portable inquiry device, which is a thing used by a police station, as a public office, thereby harming its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Each letter of arrest of a flagrant offender and each letter of confirmation;

1. Reference picture;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions pertaining to criminal facts A: Articles 136(1) and 30(2) of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Articles 136(1) and 30 of the same Act