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(영문) 수원지방법원 2014.11.05 2014고단3007
공무집행방해
Text

1. Defendant A shall be punished by imprisonment for eight months.

2. Defendant B shall be punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of two years on September 6, 2013 by the Suwon District Court for the crime of obstruction of performance of official duties, etc., and the judgment became final and conclusive on the 14th of the same month, and is currently under suspended sentence.

【Criminal Facts】

At around 02:55 on April 29, 2014, the Defendants were under the influence of alcohol at the main point of "G" located in "G" in the Suwon-si, Gyeonggi-si, Gyeonggi-si, and the employees had completed business hours from "H". However, Defendant A received a demand for a change in the main point, but Defendant A did not comply with the demand and attempted to take a bath and take a bath, and dice to take a drinking, etc., Defendant A was under the control of the Suwon-nam Police Station 112 reported and called out after receiving 112, and she was under the control of the Suwon-nam Police Station I box belonging to the Suwon-gu, Suwon Police Station 112, and she was under the control of the said K, and she was under the control of the said K, and the Defendant B was under the control of the police officer, and was under the control of the police officer, who tried to take part in the swimming.

계속해서 피고인 A은 바닥에 누운 상태에서, 오른발로 위 J의 왼쪽 얼굴을 걷어차고, 피고인 B을 체포하려던 위 K의 다리와 엉덩이를 각 1회 걷어찼다.

As a result, the Defendants conspired to assault police officers who perform their duties and interfered with legitimate execution of official duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness H;

1. Examination protocol of Defendant A by the prosecution;

1. Each police statement to L, J, and K;

1. Application of the Acts and subordinate statutes on CCTV storage CDs in the business establishment;

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. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Determination on Defendant A and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant A was alleged at the time of the instant case.

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