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(영문) 수원지방법원 평택지원 2016.06.29 2016고단662
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around 14:50 on March 14, 2016, Defendant A observed that the on-site inspection was conducted at the Gyeonggi-si Police Station in relation to the incident of E abuse death, and around around 14:50 on-site inspection.

The Defendant attempted to enter a parking lot beyond polys, installed in the fence of the above Gara A’s parking lot, to protect the field inspection to a greater degree. The Defendant, who was working on the boundary at the place, was released from the victim G (39) who is the police officer of the Gyeonggi National Police Agency F of the Gyeonggi National Police Agency, who was working on the boundary, and assaulted the police officer, by his body, with the face of the police officer.

As a result, the Defendant interfered with the legitimate execution of duties by the police officers related to field inspection, and at the same time, caused the victim to undergo approximately two weeks medical treatment.

2. Defendant B attempted to enter the parking lot beyond the polyxs installed on the fence of the said parking lot B, to protect the on-site inspection at a higher level, Defendant B committed assaulting the body of the police officer at his hand, who was a police officer of the F of the Gyeonggi National Police Agency, who was working on the boundary at the place, due to the removal from G (39) who was a police officer of the F of the Gyeonggi National Police Agency who was working on the boundary.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to field inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and victim G:

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of injuring) Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

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

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69 of the Criminal Act.

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