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(영문) 수원지방법원 성남지원 2016.11.24 2016고단2831
공무집행방해
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. On July 30, 2016, at around 07:50, the Defendant: (a) sought from G, a police officer belonging to the F District Unit of the Gwangju Police Station, called “I am going to go to go to fri in Korea”; (b) followed by “I am to go to fri, I am to go to fri in Korea”; and (c) pushed the chest part of the said G by hand two times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

2. Defendant B assaulted a police officer G at the date, time, and place described in paragraph (1) as described in paragraph (1), and arrested Defendant B as a flagrant offender committing an obstruction of performance of official duties and arrested Defendant B, etc. as a flagrant offender of the crime of obstruction of performance of official duties, thereby making it difficult to knife G’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant provisions concerning criminal facts and the Defendants who choose punishment: Article 136 (1) of the Criminal Act;

1. Defendant A who is to suspend the sentence: A fine of 1.5 million won: Fines of 700,000 won;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The defendants of suspended sentence: The reasons for sentencing under Article 59(1)(hereinafter referred to as the following conditions) of the Criminal Act include the defendants' age, character and conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., as the police officer called out to the scene of the disturbance where the 20th first-class young people who did not have a criminal record had a criminal record, and the police officer took a minor physical contact with the police officer's investigation. The defendants responded to the police officer's investigation without any specific resistance after the arrest, and the police officer also complaining of the defendants.

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