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(영문) 수원지방법원 2014.11.20 2014고단3988
공무집행방해
Text

Defendant

A shall be punished by a fine of 3,00,000 won, and by imprisonment of 4 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

On July 23, 2014, at around 23:30, the Defendants reported to the police as the operator F and the pilot.

Defendant

A was asked about the circumstances of the instant case by the police officer H of the Suwon Police Station, who was called upon upon the report, and the police officer at the police station at the police station at the police station at the same time, and the police officer at the same police station at the same time was fluored with the intent to “the fluore, the police officer at the same time, and the police officer at the same police station at the same time, was pushed the fluor of the fluor at his hand.”

Defendant

B는 이에 경장 I이 피고인 A를 공무집행방해로 현행범인체포하려 하자 화가 나, 경장 I의 몸을 밀치고 발로 다리를 찼다.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers on criminal investigation.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the respective legal statements of witnesses I, H and F to the Acts and subordinate statutes;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of sentence A; Selection of fine Defendant B; Selection of imprisonment;

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

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing of the defendant A) (the scope of recommendations) [the scope of the obstruction of performance of official duties] where the degree of assault, intimidation, and deceptive scheme is minor (the person subject to special mitigation] (the decision of sentence] where the defendant has no record of punishment exceeding the fine, the defendant's age, character and conduct, environment, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.

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