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(영문) 의정부지방법원 2016.04.21 2016고단14
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the trust of the F church in South and North Korea, E.

On August 19, 2015, at around 09:00, the Defendant: (a) received a request from G, a pastor of the said church to request enforcement officers to search for the said church and perform compulsory execution; and (b) around 10:50 on the same day, the Defendant used the said church to stop the road with his/her own vehicle to prevent the said execution; (c) He/she was an employee of the guard company assisting the said execution along with H et al., who was a police officer of the I police box of the Southern-ju Police Station, who was in the said execution site; and (d) committed assault with the Defendant’s hand and body.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

2. Defendant B is the trust of the F church in South and North Korea, E.

At around 10:50 on August 19, 2015, the Defendant: (a) received a request from G, a pastor of the above church, to request enforcement officers to search for the above church and perform compulsory execution; (b) on the same day, the Defendant: (c) was arrested as a current offender with H et al., a guard company assisting the above execution, who was an employee of the same church in order to prevent the above execution; and (d) was arrested to the police officer, who was a police officer of the Namyang-ju Police Station I police box at the above scene, who was a police officer of the Namyang-ju Police Station I police box at the above scene, as a result of arresting the shoulder of the above JJ as his/her hand and body; and (c) assaulted the above J by using his/her hand and body.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Entry of each part of the protocol concerning the interrogation of suspect by the prosecution against the Defendants

1. Statement made by the police to J;

1. Each statement of K and H;

1. Statement, etc. of administrative vicarious execution;

1. Application of Acts and subordinate statutes to a report on investigation (a statement of the developments of J);

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act concerning the selection of criminal facts (the choice of imprisonment with prison labor).

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