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(영문) 수원지방법원 2016.01.27 2015고단4355
공무집행방해
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A around August 21, 2015, around 18:47, 18:47, F and F were assaulted on the road of the “E cafeteria” located in Young-gu, Young-gu, Young-si, and the background G and Gyeong-gu police station belonging to the Dong-dong Police Station at the site upon receipt of 112 reports, which had arrived at the site, listen to I and F of the case.

At that time, Defendant A and Defendant B attempted to arrest Defendant A as a flagrant offender in the crime of assault after suppressing them to commit assault with a serious bath. The above G and H attempted to arrest Defendant A as an offender in the crime of assault.

Accordingly, Defendant A committed an assault, such as putting in the uniform of the above G when she resisted against the lawful arrest of a flagrant offender, and pushing in the body, and Defendant H committed an assault, such as committing an act of Defendant A, thereby pushing in the body of the above G and H, and putting in uniform.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G, H and F;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Articles 136(1) and 30 of the Criminal Act and the Defendants’ selection of fines for criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendants, in the course of the sentencing of the Criminal Procedure Act, did not smoothly resolve the trial cost with the injured party due to driving of other daily driving, causing another time expense different from the injured party in order to assist the injured party. The police officer’s vision in the process also caused a contingency.

In light of all the reasons for sentencing including the fact that there are circumstances to be considered in the course of the crime, the defendants are against the defendants, and the degree of violence against police officers is somewhat minor, it is decided as per the disposition.

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