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(영문) 제주지방법원 2017.09.28 2017고단1386
업무방해등
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On February 25, 2017, from around 00:00 to around 00:25 of the same day, the Defendant: (a) expressed the victim’s main duty in the victim F (n, 44 years of age)’s operation in Jeju-si E and underground; and (b) expressed the victim’s desire to “I will throw away me, two years of age, and dead,” and interfered with the victim’s main duty by force of approximately 25 minutes of force on the grounds that drinking alcohol is drinking and drinking and the drinking value is low.

B. On February 25, 2017, at the place of the preceding paragraph around 00:25 on February 25, 2017, the Defendant: (a) took a bath to employees, etc.; and (b) took an assault, and received a 112 report; and (c) took a stop from the slope I belonging to the Jeju Dong Police Station, Dong-dong Police Station, Dong-dong, Jeju, and called for an injury; and (d) took part in the foregoing I’s entry once.

As a result, the defendant interfered with the legitimate performance of duties by police officers in relation to the prevention, suppression and investigation of crimes, and at the same time, the victim I conducted an inspection of skills that require approximately two weeks of medical treatment.

2. On February 25, 2017, at the place of the preceding paragraph at around 00:25, Defendant B arrested a flagrant offender at around 00:25, and as a result, Defendant B was arrested as a flagrant offender at around 00:0,000, Defendant B obstructed a slope I who frighted with A, and left the chest in his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I, F, and J;

1. A statement prepared by K;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314(1) of the Criminal Act (the point of obstructing duties)

B. Defendant B: Article 136(1) of the Criminal Act (a)

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act (limited to crimes of injury and interference with the execution of official duties);

1. Defendants who choose to impose punishment: Each selective fine

1. The defendant A who has aggravated concurrent crimes:

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