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(영문) 의정부지방법원 고양지원 2015.07.07 2015고단1096
공무집행방해
Text

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

Defendant

A fails to pay the above fine.

Reasons

Criminal facts

Defendant

At around 21:30 on April 14, 2015, A and Defendant B 2-28, Goyang-gu, Goyang-si, Goyang-si, Goyang-gu, Mandong-ro, 2-28, and the vehicle driven under the influence of alcohol was parked in a street, and the police officers E and F, who belong to the D Zone D District of the Busan Police Station, were dispatched after receiving a report that there was an act of disturbance of drinking, and prevented the above Defendants from engaging in the act of disturbance.

Accordingly, Defendant A, by spiting the police officer F, expressed his desire to “Chewing” to the police officer F, and spit it into the face with his body by spiting the chest and shoulder part of the police officer, and threatening the face part of E, which is a police officer, by drinking, and spit the chest part of the police officer’s breast part into his body five times, and spit it into E’s upper part and retail.

Accordingly, the above police officers attempted to arrest Defendant A as a flagrant offender; Defendant B participated in this part of the shoulder of the above police officers E due to provoking, and interfered with the arrest of the police officers by leading the F's body, leading the police officers to take the body of the F.

Accordingly, the Defendants conspired and interfered with the performance of official duties such as the maintenance of order by the police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Each statement of G and H;

1. Application of statutes on photographs of damage;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ assaulted police officers who perform official duties to maintain the reason and social order of sentencing under Article 334(1) of the Criminal Procedure Act, and to maintain the public safety, but the nature of the instant crime is not good. However, it does not seem that the means of obstructing the performance of official duties, the degree of interference with the performance of official duties resulting therefrom, etc. do not seem to be more severe, and the instant case is contingent.

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