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(영문) 의정부지방법원 2017.04.19 2016고단4302
공무집행방해등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) prevented the victim C (52 years) from getting out of the taxi from being waiting for a taxi at the distance of 59 south-ro 59 on September 16, 2016, on the ground that the si was trying to get out of the other customers first than the Defendants, and Defendant A got out of the si, thereby blocking the victim from getting out of the si, and then Defendant A saw the victim’s chest on two occasions with the victim’s walk while taking out the si. Defendant B sawed the victim’s face on three occasions with the hand floor, and tighted the victim’s face with the victim’s face at three times with the victim’s face and the victim’s face, and pushed down and pushed the victim’s b.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants who interfered with the performance of official duties were at the time and place specified in paragraph 1, and at the place specified in paragraph 1, and at the place specified in paragraph 12, and there was a defect that the slope E and policeman affiliated with the Namyang-ju Police Station D police box, who tried to arrest the Defendants as flagrant offenders, and to board the patrol force after arresting the Defendants as flagrant offenders, Defendant B was salving the febb of the above E, and Defendant A was at the time of carrying the said F’s face by carrying the said F in his hand.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers concerning the suppression and investigation of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Police statements made to E and F;

1. C’s statement;

1. The image pictures of victims and police officers;

1. Investigation reports (on-site situations, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (exploration and perusal of CCTV data for crime prevention at sights);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) and Article 30 of the Criminal Act, Article 136 (1) and Article 30 of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;

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