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(영문) 인천지방법원 2012.09.27 2012고단8888
공무집행방해등
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On June 9, 2012, the Defendants jointly committed a assault in violation of the Punishment of Violences, etc. Act (joint assault). At the Busan Police Station located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Samsan Police Station, the victim F (year 31) was at their own time, and the victim F (year 31) committed a assault in drinking and drinking.

2. Performance of official duties;

A. At around 04:00 on the same day as the above paragraph (1) above, Defendant A expressed the dissatisfaction that the above D and E were arrested in the act of violating the Punishment of Violences, etc. Act (joint assault), and expressed the desire to “the police bit of bitch bitch bit of bitch bitch, where the police bit of bitch bitch bitch bitch, take away from the police station, and tried to remove the above D and E from the police station, the above police station’s slope G and the light H were prevented, and the above police station’s h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, and interfere with the legitimate execution of public duties concerning the investigation of the crime and the arrest of the police official.

B. Defendant B’s above Defendant A’s above 2-A.

When the police officer was arrested on the charge of obstructing the performance of official duties, as stated in paragraph (1), he expressed his desire to “the police bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit x,” and obstructed the police officer’s legitimate performance of official duties concerning investigation of crimes and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes to investigation reports (CCTV attachment report);

1. Article applicable to criminal facts;

A. The point of each of the Defendants’ joint assault: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act

B. Defendants’ obstruction of performance of official duties: Article 136(1) of the Criminal Code

1. Selection of punishment: Defendant 1 is punished by a fine for each of the Defendants.

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