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(영문) 창원지방법원 2015.07.22 2014고단2959
공무집행방해
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Damage and damage to property - The Defendant destroyed the non-repairable property, such as the damage of property - around 01:50 on July 17, 2014 - Defendant 2, while drinking alcoholic beverages with friendship A, and drinking alcoholic beverages at the G sub-committee located in F of Changwon-si, the victim H, who was installed in the above sub-committee, was fluor, and carried out physical fightings outside the above sub-committee, and the victim H, who was in his/her possession, returned to hand and fluor and the parts of the body were fluorized into the floor.

2. Performance of official duties;

A. At around 02:00 on the same day as Defendant A’s above at the place, around 02:0, and around 112, in order to identify the circumstances by the slope K belonging to the Gyeongnam Police Station of the Gyeongnam Police Station of the Gyeongnam Police Station, Defendant A filed a petition with Defendant A and sought personal information, etc., and Defendant A expressed that he would be at the face of the above K, such as “a sway to Chewing” between about 10 minutes and “a sway to Chewing, v. v. n. n. n. n.e., to see the background by the kn., the kn.e., “a kn. n.e., k’s chest k’s chest.

As a result, Defendant A interfered with the legitimate execution of duties concerning the investigation of the above K crime, which is a police officer.

B. Defendant B was above Defendant A.

When a flagrant offender was arrested due to the damage of property and obstruction of performance of official duties due to the act of resistance, Defendant B committed assault against the above K by reporting that “I am sat once by force, I am sat, I am sat, I am sat, I am sat, I am sat, I am sat, I am sat, I am sat, I am sat, and I am sat.

Accordingly, Defendant B interfered with the legitimate execution of duties concerning the investigation of the above K crime, which is a police officer.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Legal statement of K witness K;

1. The police statement of H;

1. Investigation report (related to confirmation of ctv images and submission of written agreements);

1. Two copies of a drilling (inctv video recording, two copies);

1. Application of the Acts and subordinate statutes to photographs taken of damaged dives;

1. Relevant Article 136(1) of the Criminal Act concerning criminal facts A: Article 136(1) of the Criminal Act

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