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(영문) 창원지방법원 통영지원 2017.01.26 2016고단1794
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, on October 6, 2016, after receiving a report from C and Sado Police Station D (D) to the effect that he/she was placed with a shower and a shower within the said district group on October 6, 2016, and the police officer assigned to the said district group upon voluntary accompanying to the said district group and being investigated, Defendant A was under investigation. The police officer assigned to the said district group “I do not have any resident identification number, I live there several births, and I do not have any sacr or sacrh with weather.”

"In doing so, it was assaulted by opening a bridge attached to the above bridge while putting it on the boom, and intending to go on to the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting duties.

2. On October 6, 2016, Defendant B assaulted Defendant B, etc., who was an act of the Defendant in the act of obstructing the performance of official duties by arresting the Defendant as a flagrant offender for the same reason as that of the preceding paragraph, within the D District of the Dao Police Station D, Godo Police Station, and in order to prevent the defects of the Defendant’s act of obstructing the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV image installed within a district zone);

1. Article 136(1) of the Criminal Act and the choice of punishment for the crime (the Defendants)

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

1. 가납명령 ( 피고인들) 형사 소송법 제 334조 제 1 항 양형의 이유 당시 피해 경찰관 E도 팔짱을 낀 채 웃으며 술에 취한 피고인 A를 자극하는 등으로 피고인 A의 이 건 범행 확대에 기여한 측면이 있음 피고인 B의 경우, 이 건 범행이 짧은 시간에 걸쳐 이루어졌고, 공무집행 방해의 정도가 경미함 피고인들이 자신의 잘못을 뉘우치고 반성함 피해 경찰관들과 원만히 합의하여 위 피해 경찰관들이 피고인들에...

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