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(영문) 의정부지방법원 2015.02.02 2014고단1906
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 18, 2014, the Defendant: (a) at the F District Office E, the Government-based Office of Speaker, at the Government-based on 02:05 on May 18, 2014, the Defendant sought to enter the F District Unit again by the police officers who were investigating the case, who attempted to visit the said District Unit, to see themselves out of the District Unit; and (b) on the facts charged, the Defendant stated that “The police officers who were investigating the case, who were investigating the case, have expressed a great desire to do so.” However, this part is not a direct crime, but it is recognized as identical to the facts charged according to each evidence duly adopted and examined by this Court, and is not disadvantageous to the Defendant’s exercise of his/her right to defense. Therefore, it is recognized as criminal facts

By putting the shoulder of the victim G(the age of 43) who is a police officer belonging to the above global belt, the police officer's shouldered it over the floor, thereby obstructing the police officer's legitimate execution of duties concerning the maintenance of order, and at the same time, the victim suffered an injury such as catitis that requires a medical treatment for about three weeks.

Summary of Evidence

1. Each legal statement of the witness H, I, G, J, and K;

1. An investigation report (the injury diagnosis report and ctv video data);

1. A written diagnosis of injury;

1. The defendant and his defense counsel argued that the defendant did not exert force against the victim in a situation where the body cannot be properly classified by pressure, and that the victim cannot be punished as the crime of obstruction of performance of official duties. Thus, the following circumstances acknowledged by the evidence duly adopted and duly examined by this court are met, namely, the fact that the police officer in the left part of the defendant had carried the defendant's left arms to take the defendant out of the earth, but the defendant still seems to have carried the shoulder or part of the G police officer's shoulder with his left arms, and the defendant came to enter the earth and the G police officer's seat into the earth.

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