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(영문) 수원지방법원 안산지원 2019.05.22 2019고단852
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. At around 22:10 on December 21, 2018, the Defendant insultd the victim G, who is a police officer belonging to the Mine Police Station D District, by openly obscising the victim “Ye, Chewing feass, and fake fassat,” among being observed by many unspecified actors, such as NaF, etc., who are the police officer belonging to the said D District.

B. The Defendant interfered with the performance of official duties at the above date, time, and at the above place, interfered with the legitimate performance of official duties by a public official in relation to traffic control, who displays the face of G, a police officer belonging to the said D Zone, on the ground of the foregoing reasons.

2. Defendant B interfered with the police officer’s performance of official duties and arrested him as a flagrant offender at the time, date, time, and place described in paragraph (1), and interfered with a public official’s legitimate performance of official duties in order to maintain order by keeping his chest, a police officer belonging to the said D Zone, twice tightly pushed the Ha’s chest, who was a police officer belonging to the said D Zone, and driving the H’s face.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement related to G and H;

1. A written statement;

1. Investigation reports, hearing of witnesses, and the application of Acts and subordinate statutes to hear statements by police officers;

1. Relevant Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and Article 136(1) of the choice of each fine: Defendant B who choose each fine: Article 136(1) of the Criminal Act, and the choice of fines;

1. Aggravation of concurrent crimes (the defendant A) Articles 37 (former part), 38 (1) 2 and 50 (the maximum amount of the punishments specified in the above two crimes) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although it is not good for the Defendants to commit a crime of insulting and compacting police officers despite being subject to a crackdown on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the degree of interference with official business is not much severe, and is punished for the same crime.

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