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창원지방법원 진주지원 2015.01.21 2014고정396
공무집행방해
Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On April 22, 2014, around 21:50, the Defendant insultd the victims by openly insulting the victims by stating that “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

B. The Defendant: (a) committed an act of obstruction of performance of official duties, at the time and place specified in the preceding paragraph, and at the time and place, and at the 112 report and served as a 112 report, with a slope G belonging to the J District District of the Sacheon Police Station, who was dispatched to the site, prevented the Defendant from committing an act of assaulting the G’s ebbbb

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

2. On April 22, 2014, the Defendant: (a) reported on April 22, 2014, around 21:50, the Defendant: (b) committed assault against the defective K in order to arrest a flagrant offender under suspicion of obstruction of performance of official duties, etc. against A, who was sent to the site by the staff of the private police station Jancheon-gu Police Station Jan-gu, who was in a disturbance, and called “A, if the police officer is a police officer,” and (c) committed assault against K in order to arrest a flagrant offender under suspicion of obstruction of performance of official duties, etc.

Accordingly, the defendant interfered with the police officer's criminal control and the lawful execution of duties on arrest of flagrant offenders.

Summary of Evidence

1. The statement made by the defendant A on the second trial date in court;

1. Defendant B’s legal statement

1. The police statement of H;

1. Each statement of F, G, K, and L;

1. Application of each statute on filing of a complaint;

1. Article applicable to criminal facts;

A. Defendant A: Each of the Criminal Code 311 (a) and Article 136(1) of the Criminal Code (the point of obstruction of performance of official duties)

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Defendant A from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;