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(영문) 수원지방법원 2016.03.23 2015고단3188
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 30, 2012, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Suwon prison on August 30, 2012, and was released on January 29, 2014 during the execution of the sentence, and the parole period passed on February 15, 2014.

On June 16, 2015, 01:05, the Defendant received money from a police officer in return for committing an assault on the roads of “D” located in Suwon-si, Suwon-si, and received a report from the Defendant, and on the roads of “D,” and on the grounds that G police officer affiliated with the same police box was not taking his or her speech.”

“.............. in hand, she was assaulted by breaking the chest of the above G with her hand by breaking the bat of bather, and neglecting it.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal testimony of G and F;

1. Each police statement made to F and G;

1. A H statement;

1. Side photographs of the assault;

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (the confirmation of a criminal suspect repeated crime) (the criminal defendant and his/her defense counsel) (the criminal defendant and his/her defense counsel argued to the effect that the criminal defendant and his/her defense counsel committed abusive and assault to police officers at the time of committing the crime of this case was committed to escape from the arrest status of illegal flagrant offenders committed without notifying the different principles. Thus,

However, according to G, F’s testimony and the above evidence, it can be acknowledged that police officers, at the time, notified the defendant of the principle of satisfy according to due process and method, and attempted to arrest him as an offender in the act of interfering with the performance of official duties. Accordingly, the above assertion

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to assault police officers performing official duties during the period of repeated crime.

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