(영문) 수원지방법원 안산지원 2015.02.06 2014고단2378

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(영문) 수원지방법원 안산지원 2015.02.06 2014고단2378

공무집행방해

Text

Defendant

A shall be punished by a fine of KRW 3 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. On August 16, 2014, Defendant A: (a) around 21:00, the Defendant took a disturbance, such as paying taxi expenses from the police officer E (the age of 29) who was employed by the Ansan-si Police Station D police box, and was recommended to return home from the police officer E (the age of 29) who was assigned to the police officer of the Ansan-si Police Station D (the age of 29), and obstructed the legitimate execution of duties concerning the maintenance of police officers’ order by taking the face one time of drinking.

2. Defendant B, at the above time and place, attempted to arrest the above E as an offender in the act of obstruction of performance of official duties, and committed violence by breabing and sculing the above E with double descendants, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 136(1) of the Criminal Act concerning criminal facts, the choice of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. In order to establish the legal order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, the crime of obstruction of the performance of official duties requires strict punishment, etc., due to unfavorable circumstances such as the Defendants’ depth of the crime, Defendant A’s face of the police by drinking, while Defendant B’s face at the time of arresting the police in the act of committing the crime of obstruction of the performance of official duties, Defendant B’s arrest to the police would lead to the obstruction of the performance of official duties, and all the Defendants did not have any force on the obstruction of the performance of official duties as ordered by the disposition of the court.

참조조문

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