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(영문) 수원지방법원 성남지원 2016.09.23 2016고단2004
공무집행방해
Text

[Defendant A] Defendant A shall be punished by a fine of two million won.

If the defendant does not pay the above fine,

Reasons

Punishment of the crime

1. On June 27, 2016, the Defendant: (a) under the influence of alcohol on the street in front of Sungnam-gu, Sungnam-gu, Sungnam-gu; (b) and (c) D and franc, the father of the Defendant; and (d) “I am fighting.” Upon receiving a report from 112, Defendant A was at the police station E District F belonging to the Gyeongnam-gu, Seoul Special Police Station E District F, which called “I am fights the Defendant; and (b) Defendant F, who was at any time to listen to the Defendant’s statement, was at any time influent F.

In the end, “F’s knives were assaulted by both hands, such as blicking, blicking, blicking, etc., each of the F’s clothes.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

2. Defendant B, on June 27, 2016, committed an assault by the police, misunderstanding that the Defendant, who was arrested as a current offender in the interference with the performance of official duties, such as Paragraph 1, at the E District Police Station in the Gyeonggi-gu, Chungcheongnam-gu, Seoul Special Metropolitan City Police Station E-gu, G around 22:30 on June 27, 2016, or who was arrested as a current offender, was the victim of the assault by the police.

“The police officers at this place have expressed a desire to do so to the purport, and assaulted the police officers at the entrance of the earth, such as the h of the police station E team belonging to the G police station in Sung-nam, which was monitoring A at the direction of the earth’s entrance.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to I and F;

1. Written statements of J and H;

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

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act and the selection of fines for criminal facts;

1. Defendant B to suspend the sentence: A fine of one million won;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (the following sentencing is the same as the material fact)

1. Defendant A: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [Defendant A]’s necessity of strict punishment for obstructing the performance of official duties and the degree of assault.

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