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(영문) 제주지방법원 2016.10.05 2016고단238
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

[Defendants] 2016 Highest 238 [Defendants]

1. At around 02:35 on December 5, 2015, Defendant B, a police officer affiliated with the F Zone of the Jeju Western Police Station, who was called out after receiving a report of 112 that there was an assault case, heard the statement against H et al. on the ground that he was the person related to the instant case, and subsequently, Defendant B she saw the Defendant to go to H for a time on the ground that he was facing the Defendant’s seat, and 30 persons who wn the Defendant, she w off the Defendant, thereby openly insulting the victim by openly insulting the victim.

2. In order to prevent the defect that G intended to arrest the Defendant as a flagrant offender B by taking a bath against G, who is a police officer, at the above date and time, and at the above place, the Defendant: (a) obstructed his lawful execution of duties in relation to the maintenance of public order and criminal investigation by pushing ahead G with his hand and assaulting the lower part of G with his hand; and (b) interfered with his lawful execution of duties.

At around 05:30 on September 20, 2015, Defendant A reported that the mother of the victim K(23 years of age) under the influence of alcohold victim K (23 years of age) had been under the influence of the J shop in Seogpo-si I, Seopo-si, and prevented the victim from participating in a disturbance, and caused the victim to go beyond the floor of the victim by making the face part of the victim under the influence of drinking, and go beyond the floor of the victim, thereby making the victim go beyond the floor of the victim more than 3 weeks of treatment.

Summary of Evidence

"2016 Highest 238"

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A complaint filed by G production "2016 Highest 1817";

1. Defendant A’s legal statement

1. Each police protocol of statement against L, B, or K;

1. Each statement of M and N;

1. A photograph of parts of the victim's body;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257 of the Criminal Act.

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