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(영문) 수원지방법원 2015.02.11 2014고단5310
공무집행방해
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 2,000,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

At around 21:05 on June 23, 2014, the Defendants: G Dogs located in Suwon-si F, or on the street, and the Defendant A, who was to arrest the Defendant A in the act of assaulting the Defendant A while committing an act of assaulting the Defendant A. Defendant B, who was able to carry the flab of the police box at the police box where the Defendant A controled the Defendant A, was able to carry the flabs of the police box at the police box at the seat of the police box where the Defendant A controled the Defendant, and the Defendant C assaulted the saidJ’s chest to drinking the Defendant.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. A witness J or I's legal statement (limited to the defendant A);

1. Statement of the witness examination protocol to J or I by the court (limited to the defendant B);

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement to I and J;

1. Each photograph;

1. Application of CD image Acts and subordinate statutes

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of a fine by taking into account all the circumstances, such as the initial offender of the punishment, the degree of Defendants’ participation in the assault and crime, etc.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The evidence revealed in the summary of the above evidence as to the Defendants’ assertion of Article 334(1) of the Criminal Procedure Act, it appears that in the course of arresting the Defendants A through assault and assault, the Defendants assaulted the Defendants I and J as police officers, and the police officers at the time when arresting them. The police officers at the time are arrested the Defendants A and arrested them, and then notified the Defendants A of the summary of the crime, reasons for detention, and their defense counsel.

Therefore, the arrest of the defendant A seems lawful, and the defendants' act is illegal arrest of the defendant A.

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