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(영문) 수원지방법원 2019.03.08 2018고단3074
권리행사방해
Text

[Defendant A] The Defendant is not guilty. [Defendant B] Defendant is punished by a fine of KRW 10,00,000.

The above fine shall be imposed on the defendant.

Reasons

At around 22:07 on June 16, 2018, the Defendant: (a) placed his hand on the front of the Diplomatic Association located in Masung-si, 2018 (Defendant B); (b) placed his hand on the face of the above F, she was prevented from avoiding any disturbance from the police officer of the Sungsung Western Police Station Ecom box called out after receiving a 112 report that “I am out of the Diplomatic Association, I am out of the way to avoid any disturbance.” (c) placed his hand on the face of the F, at the same place as 22:24 on the same day; (d) “I am out of the next place after receiving a 112 report; and (d) expressed his desire to return home from G; and (d) expressed his desire to walk the left buck of the said G; and (e) walking each part of the said G, such as assaulting and assaulting the right direction of the F.

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

Summary of Evidence (2018 Highest 4759) (Defendant B)

1. Defendant's legal statement;

1. Each police statement made to F, G, and A;

1. Deficial photo of an injury;

1. Application of Acts and subordinate statutes governing video CDs with the obstruction of performance of official duties (Defendant B);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the 2018 Highest 3074) of the provisional payment order;

1. On December 15, 2015, the Defendants: (a) purchased dump trucks I 25.5 tons in the name of Defendant A (the de facto marriage relationship with Defendant B); (b) the victim, while occupying and operating the vehicle, has all the profits incurred therefrom; (c) the owner of the vehicle, has made a verbal agreement to transfer the ownership of the vehicle to the victim; and accordingly, the victim operated the said dump truck in the name of Defendant A from January 2016 to June 30, 2016.

During that period, the Defendants were the Defendant A. who was the victim of peace.

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