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(영문) 수원지방법원 2015.01.06 2014고단3793 (2)
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

At around 05:00 on June 19, 2014, the Defendant, together with B and C, discussed with B about the “Eju shop located in Suwon-si, Suwon-si”.

B은 신고를 받고 현장에 도착한 F지구대 소속 경장 G에게 ‘넌 그냥 꺼지라’는 취지로 욕설을 하고 G의 손목을 잡아 밀고, 이후 현행범으로 체포되어 순찰차에 타면서 순경 H의 허벅지를 수회 발로 찼다.

C At the same date, at the same time and place, the name of B in Flagrant offender G was cut from the right arms to the right arms, followed by the I's letter on the part of B in the process of arresting C in flagrant offender.

The Defendant, at the same time and at the same place, carried the body of H to carry B arrested as a flagrant offender on the patrol vehicle, and carried the knife with knife.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes No. 5 of damaged photographic images (Evidence List);

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

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

1. According to the reasoning of the sentencing of Article 334(1) of the Criminal Procedure Act, the police officer, while under the influence of alcohol, attempted to arrest B as a crime of insult, etc., and Defendant’s behavior committed assault in the course of resisting B.

It is difficult to readily conclude that such arrest does not meet the requirements for arrest and illegal.

Even though it seems somewhat excessive, there are some circumstances to consider the circumstances of the crime.

Furthermore, taking into account the fact that the defendant's mistake is divided, the punishment was imposed by considering the age, character and conduct, environment, and circumstances after the crime.

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