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(영문) 수원지방법원 2016.10.20 2016고단2544
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 22, 2016, at around 21:15, the Defendant: (a) received 112 report that the Defendant was engaged in the employment and the sale of alcoholic beverages in Suwon-si, Suwon-si, the Defendant obstructed the Defendant’s legitimate execution of duties by assaulting the Defendant by assaulting the Defendant’s right side side side part of the said F in several instances, and assaulting the Defendant’s lawful execution of duties.

Summary of Evidence

1. Witness F;

1. A report on investigation;

1. Investigation report (report on results of viewing evidentiary videos);

1. Determination on the assertion by the Defendant of the video CD and his defense counsel

1. The summary of the argument was a plan for singing together with a business partner. At the time, although the Defendant did not have any particular suspicion, G, without the public official identification card, has prevented the Defendant from working for the instant business.”

Therefore, the crime of obstruction of performance of official duties, which is premised on the legality of execution of official duties, is not established, because the defendant's attempt to resist the illegal autopsy F and time limit.

2. According to Article 3(1) of the Act on the Performance of Duties by Police Officers, Article 3(1) of the same Act provides that “A police officer may stop a person who has a reasonable ground to suspect that he/she has committed, or is about to commit, a crime, or a person who is deemed to have knowledge of a crime already committed or about to be committed, in view of his/her reasonable judgment on a suspicious act or other surrounding circumstances, and inquire him/her of such person.”

The following circumstances are acknowledged according to the evidence duly adopted and examined by this Court back to the instant case.

(1) A slopeF and G receive 112 reports from “Dnomans” as indicated in facts constituting a crime, stating that they employ and sell liquors, and do so.

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