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(영문) 수원지방법원 2014.11.24 2014고단5126
공무집행방해등
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. The point of obstruction of performance of official duties

A. At around 05:04 on June 11, 2014, the Defendant: (a) reported by the “Dnoman” located in Osan-si C and the second floor; and (b) obstructed the performance of official duties by the F, the security guards belonging to the Sungdong Police Station E District Unit of the Sungdong Police Station, which called the Defendant who resisted G, who is the operator of the said singman, in both hands, when the Defendant pushed the F’s chest into the blue and blus; and (c) obstructed the performance of official duties.

B. Defendant B, at the above date and time and place, deemed that F and F were arrested the Defendant F as a flagrant offender committing the crime of obstruction of performance of official duties, and took a bath to the effect that “I am sprinke, I am sphere, I am sphere,” and interfered with F’s performance of official duties, such as turning F’s double arms.

2. Around 05:30 on June 11, 2014, the Defendants’ insultd two persons, including I, at the E District District District of the Sungdong Police Station E District, Defendant F and H “I,” Defendant B, who arrested the victim F and H, and sent this dog, “I, etc.,” and Defendant A expressed that “I have his position, position, and name,” and that I have a strong frienced frienced fe, “,” and publicly insulting the victim F and H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the F, H, J, and G;

1. Violence, partic photo, etc.;

1. Application of Acts and subordinate statutes to each investigation report (CCTV image, etc. to the accused);

1. The point of obstructing the performance of official duties by relevant legal provisions on criminal facts: Articles 311 and 30 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, a fine corresponding to the Defendants’ act shall be imposed in consideration of the degree of assault and intimidation, the content of insult, the background and process leading up to such an act, the records of the offense, etc. committed by the Defendants.

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