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(영문) 의정부지방법원 2013.11.20 2013고단3368
공무집행방해
Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 2,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around August 31, 2013, Defendant A: (a) around 03:35 on August 31, 2013, at the Danodong-si, Gyeonggi-si, on the ground that the Defendant’s finding of the Defendant was against F’s daily activities, and the Defendant raised a dispute with F, etc. after receiving a report of 112, Defendant A was subject to a slopeH belonging to the Guri Police Station G District that was called out after receiving a report of 112.

이후 피고인은 위 노래방 밖 계단으로 올라가다가 위 H에게 ‘야 내 마누라가 폭행을 당했다. 경찰 너는 뭐하는 새끼야’라고 고함을 치며 오른발로 위 H의 얼굴을 1회 걷어찼다.

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

2. While Defendant B was going out of the above singing room in accordance with the above date and time, at the above place, Defendant B committed assault by both hand, by reporting that Defendant B attempted to arrest A in the act of committing a crime after a slope H was exposed from A, and by cutting the said H’s breast, shoulder, and cutting it to the wall.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Investigation report (sloping H and telephone communications);

1. Application of Acts and subordinate statutes concerning violence compact photographs;

1. Defendants: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties); the choice of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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