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(영문) 수원지방법원 성남지원 2017.08.17 2016고단2771 (1)
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 5, 2016, at around 22:40 on August 5, 2016, the Defendant reported that two Chinese nationals are fighting at the parking lot located in Seongbuk-gu, Sungnam-si, Sungnam-si, to the effect that the police officer affiliated with the Sungnam Police Station D police box called up after receiving 112 a report, prevented the police officer from pushing the Defendant’s person F, who was in the custody of the police officer, from pushing the said police officer with a wall, in order to arrest him as a current offender of the crime of interference with the performance of official duties. The Defendant obstructed the police officer from proceeding with other police officers in order to prevent the police officer from carrying the F from carrying out the patrol, and even if the police officer was notified that he could be arrested by obstructing the performance of official duties through several occasions, the Defendant continued to stop the front of the police officer and prevented him from driving the police officer.

As a result, the defendant assaulted the above police officer and interfered with the legitimate execution of duties of the police officer's criminal investigation.

Summary of Evidence

1. Legal statement of the above defendant F;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs and damaged parts of the person under consideration;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for a crime (Consideration of punishment, details of the crime, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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