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(영문) 수원지방법원 성남지원 2016.12.01 2016고단2761
절도등
Text

Defendant

A shall be punished by a fine of KRW 1,500,00 and by a fine of KRW 3,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to a suspended sentence of imprisonment with prison labor for six months for the purpose of obstruction of performance of official duties, etc. at the Sungnam Branch of Suwon District Court on November 9, 2015, and the sentence becomes final and conclusive on November 17, 2015 and is currently under suspended sentence.

【Criminal Facts】

1. Defendant A

A. At around 15:10 on June 24, 2016, the Defendant: (a) stolen the victim E-owned market value equivalent to 2.30,000 won at the victim E, placed in the place without any justifiable reason, under the influence of alcohol in front of the D convenience store located in Seongbuk-gu, Sungnam-si; and (b) stolen it.

B. The Defendant’s insult No. 1

The victim G, a police officer of the Sungnam Police Station, who was dispatched to the site after having received 112 reports on the date and time and place stated in the port, stating that “I am going to the front of a convenience store,” and who was sent to the site, led the Defendant to the Defendant, and who was 15 persons, such as the investigator, E, and H, were fried, and who were friened, the victim, “I am to frily grow,” and “I am to frily grow, I am to the Defendant,” and “I am to frily frily, I am to am.,” and insulting the victim.

2. Defendant B’s Defendant A

At the time, at the place of the port entry, the police officer I and police officers assigned to the F police box of the Sungnam Revision Police Station who arrested A as a flagrant offender, such as larceny, and expressed that A was intending to board the patrol vehicle, and that “I will arrest a person who does not have any error of sucking him/herself,” and assaulted with the wheels of the above G to take the arms.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and H;

1. A complaint, each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article applicable to criminal facts;

A. Defendant A: Article 329 of the Criminal Act and Article 311 of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties)

1. Each selective fine for punishment;

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