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(영문) 수원지방법원 성남지원 2014.07.02 2014고단561
공무집행방해
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On February 17, 2014, around 23:45, Defendant A assaulted F and G at the E convenience store located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and was arrested as a flagrant offender by Defendant A by a police officer assigned to the Sungnam-gu Police Station.

At around 23:58 on the same day, the Defendant, while getting off a patrol vehicle before the police box, took a bath to the said I while taking advantage of his arms, obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders by taking the face of the I on one occasion.

2. On February 17, 2014, Defendant B: (a) arrested Defendant A, a police officer, prior to the above E convenience store, on the following occasions: (b) arrested Defendant A in flagrant offender; (c) was carried by her hand with the shoulder of the said I; (d) was on board the patrol vehicle; and (e) took the front door of the patrol vehicle; and (e) took several back back the back of the patrol vehicle; and (e) obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of a witness I;

1. The defendant's assertion about F and G's each police statement statement made by F is illegal and resistanceed by the police officer's arrest in the act of committing an act of obstruction of performance of official duties, and the defendant's resistance is not an intentional act of obstruction of official duties in the process of protesting against the police officer's arrest, such as the defendant's use of the lock during the arrest process that the police officer spawns off the arms, and it is not intentionally when the police officer I's spawn applied to the police officer's spawn.

According to the evidence, the defendant spits or spaws against F, an employee of convenience store, etc. at the time and place specified in paragraph (1) of the crime, and assaulted by F, such as spaws or spaws, and spaws against F, the F-friendly G spaws witnessed it out of convenience store, and the defendant spaws against G, and the defendant spaws against G from outside convenience store to the extent of three times. While G prevents the defendant, he reported it to 112 and dispatched to the police officer, and the defendant was called out.

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