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(영문) 수원지방법원 안산지원 2018.05.31 2018고단1029
공무집행방해
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2017, Defendant A was dissatisfied with “D” customers in Ansan-si, Masan-si, Masan-si, Annsan-si, the Defendant: (a) received 112 report that fighting occurred and received a request for identification card in order to verify the personal information from the backgroundF in the position of the E unit in the Ansan-si Police Station E unit in the Ansan-si, the Defendant, without any reason, expressed his/her desire to “blap, I am I am, I am, I am, I am, I am, and assaulted the said F’s body body part on one hand; and (b) threatened him/her with the said F by taking her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. Defendant B, at the same time and place as in the preceding paragraph, committed an act obstructing the performance of official duties as in the preceding paragraph by the Defendant A, who was the first executive of the Defendant, and was arrested as a current offender by the said F. In order to prevent A from being arrested as a flagrant offender, the Defendant 2, in his hand, carried the clothes of the shoulder of the above F.

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

1. Defendants’ respective legal statements

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(1) of the Criminal Act (or choice of imprisonment);

B. Defendant B: Article 136(1) of the Criminal Act (Selection of a fine, taking into account the developments leading up to the occurrence of the case, degree of violence, and the initial crime)

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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