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(영문) 수원지방법원 안양지원 2014.08.29 2014고단291
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendants' exercise of their defense rights, the following facts charged are organized and criminal facts are recognized as follows:

The Defendants, around 00:15 on November 23, 2013, at the “G’s main point of the F’s operation in the Gu E during the Ansan-si period, assaulted Defendant A to F at the cost of drinking and then, Defendant A, at the time of drinking value, was dispatched to the site by the police officer of the Police Station H District of the police station, during the period of 112 reported by F.

The Defendants, who heard the circumstances of the instant case, assaulted the Defendants I to arrest the Defendant A as a flagrant offender in the crime of assault, with the following: (a) Defendant A was able to take a bath, display his food once a week; and (b) Defendant B was able to find out whether he was infinite’s fault or not; (c) the police officer was infinite’s son’s son’s body, leading the Defendant A’s son’s son’s son’s son’s son’s body, and pushed the Defendant I’s body with his son’s body.

Accordingly, the Defendants conspired and assaulted police officers who perform their lawful duties in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant A’s legal statement

1. A witness I and each legal statement of the J;

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. The suspect interrogation protocol of the defendant A by the police;

1. A statement prepared by the F;

1. An investigation report (19-21, 22-23 pages of investigation records), [19-21, 22-23] (the witness F and K’s statement is not believed in light of each of the above evidence and the relation between the Defendants and each witness. Defendant B asserted to the effect that the arrest of A as a flagrant offender was an unlawful execution of official duties and the passive resistance corresponding thereto was made, and thus, it does not constitute an obstruction of performance of official duties or did not have intention. However, according to each of the above evidence, under the circumstances where there is sufficient reason to suspect that A used to commit an act of assaulting F (the investigation record is 24 pages, 26-27 pages, and 1 notifies the criminal facts and the reasons for arrest, and lawfully arrest A as a flagrant offender.

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