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(영문) 수원지방법원 안산지원 2020.04.17 2019고정1039
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

The defendant is a person who resides in the B reconstruction complex, the victim C(40 years old) is a viewing public official who works as the police assigned for special guard in the D viewing, and the victim E(42 years old) is a viewing public official in charge of the assembly of demonstration, and the defendant and the victims are exposed only to the face.

On April 8, 2019, at around 15:20 on April 8, 2019, the victim C committed violence by putting the victim C’s title, who is a viewing public official, and obstructed the legitimate performance of official duties of the victim, who is a viewing public official, in order to restrain the victim C from entering the demonstration inside the viewing entrance in front of the North Korean viewer’s entrance.

B. On the other hand, at around 15:50 of the same day, the victim’s assaulting the victim’s clothes to avoid entering the viewing hall of the demonstration team before the main audience located in F one time in order to prevent the victim’s obstruction of performance of official duties, and obstructing the viewing public official’s legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Summary statement of G;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that an act of assaulting a viewing public official performing the duties of sentencing under Article 334(1) of the Criminal Procedure Act, is bad, and the victims desire to have a prior position against the defendant by mutual consent between the victims and the victims;

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