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(영문) 대구지방법원 포항지원 2014.05.21 2013고정710
공무집행방해
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Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

A. At around 05:15 on October 14, 2013, Defendant A- Performance of the Performance of Official Duties: (a) the Defendant arrested the police officer G, and three other persons, who belongs to the F District Police Station of the Pognam Police Station of the Pognam Police Station, as committing an act in the act of committing a crime and have them embark on the back seat of the 112 patrol vehicle; and (b) the police officer G, etc. of the above police officer, etc., read, “I am????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

B. Defendant B- When Defendant A was arrested as a flagrant offender in the obstruction of performance of official duties at the same time and place as the foregoing paragraph (a), the Defendant publicly insultingd the victim by having the victim “a fluore, fluore, fluor, fluor, fluor, fluor, fluor, and fluor, fluor, fluor, fluor, fluor, fluor.”

Summary of Evidence

1. A witness I and each legal statement in G;

1. Some police interrogation protocol of the defendant A;

1. Investigation report (related to attaching videos related to insult);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) (Selection of Fine) of the Criminal Act: Defendant B: Article 311 (Selection of Fine) of the Criminal Act;

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Defendant A and his defense counsel merely opened the door of patrol car, and there is no direct or indirect exercise of force against police officers, and thus, they do not interfere with the performance of official duties.

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