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(영문) 인천지방법원 2014.09.03 2014고단4458
공무집행방해
Text

Defendants shall be punished by each fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 14, 2014, at around 22:30, Defendant A, on the street located in Bupyeong-gu Incheon Metropolitan City, the Defendant: (a) conducted an investigation into the part that damaged the part of the main set of the G vehicle owned by the Defendant, etc. against the president of the pertinent establishment, F, a police officer belonging to the Incheon Bupyeong Police Station E Zone Unit of the Incheon Bupyeong Police Station, who was called at the site after receiving a report of 112, among his/her daily fighting with B and fighting on the street in front of D, Bupyeong-gu, Incheon; (b) conducted an investigation into the president of the said establishment by the Defendant, etc. on the part of the main set of the G vehicle in the process of the said fighting; and (c) decided that he/she would be a day for which he/she had no mutual agreement to grow, grow, and branch match.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning criminal investigation and maintenance of order of the F.

2. At around 23:00 on April 14, 2014, Defendant B, at the place indicated in the preceding paragraph, responded to the arrest of the said A as a flagrant offender due to the obstruction of performance of official duties, and Ha, a police officer belonging to the said district group, “A, if so, would not be said to be a flagrant offender, she should not be said to go. I must be the criminal offender.” The above H’s face was prevented by his head, and then the said H’s body part was pushed down on the ship, with his hand, and assaulted H’s shoulder part with his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the investigation and maintenance of order of the H.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to police statements made to F, H and G;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act; selection of fines

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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