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(영문) 창원지방법원 2020.06.09 2019고단3907
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and B (the suspension of indictment on the same day) are foreigners of the nationality of Uzbekistan, and the victim C (the age of 51) is an administrative agent and the victim D (the age of 36) is an employee of the victim C.

1. On November 20, 2019, around 22:27, 2019, the Defendant and B heard that they would be able to pay the victim C (the age of 51) and the victim D (the age of 36) with the fee for the overdue payment of wages requested by the victim C at the right time in front of the Kimhae-si, Kimhae-si to pay the victim C with the fee for the overdue payment of wages. The Defendant and B, by hand, her hand, her flabs of the victim C, her chests of the victim C at one time, her chests of the head, her chests the victim C at one time, her head, and her chests the victim C’s chests and chests, and the Defendant her hand pusheded the victim C with his her hand and her her flabs of the victim, thereby impairing the victim’s flab.

Accordingly, the defendant and B jointly committed violence to the victims.

2. 공무집행방해 피고인은 위 1항 기재 일시 및 장소에서, 112신고를 받고 현장에 출동한 김해중부경찰서 F지구대 소속 순경 G와 순경 H가 피고인과 위 C 등을 분리하려고 하던 중 B이 불법체류자라는 사실을 알고 B을 체포하려고 하자, 이를 제지하기 위해 손으로 위 G를 수 회 밀치고, 몸으로 위 H를 밀쳐 위 H로 하여금 벽에 부딪히게 하고, 발로 위 H의 허벅지를 수 회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the above G and H's arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of G, C, and D;

1. Part of the statement of H on the statement of the police [the defendant and his defense counsel denies the facts charged, but according to the detailed testimony of the police officer and the victims, the above facts charged is recognized as guilty. The above argument is not accepted, and it is not accepted as it is applicable to the law.]

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