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(영문) 광주지방법원 2013.11.07 2013고정1341
공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 18, 2013, at around 22:25, the Defendant: (a) was asked the victim D, a slope belonging to the Gwangju Southern Police Station C police station, who was dispatched after receiving a report of a traffic accident on the road near Sejong-gu Jang-dong, and was asked about whether he/she is the driver of the E-vehicle, a vehicle involved in the accident; (b) among many people, F, etc., the Defendant said that there are suspicions that he/she is the victim of the accident; (c) said, he/she expressed the victim D with such a large voice as “I am, sing, and is not suspected of dint, and this son is suspected; and (d) the victim G of the police box, who was assigned to the same police box, expressed that he/she would have become a governance and have a large bit of bitch bitch bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and D;

1. Application of the police protocol of statement to F;

1. Relevant provisions of the Criminal Act and Article 311 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. The summary of the facts charged (the obstruction of the performance of official duties) was informed by the Defendant, at the time and place of the crime, that he could be arrested in the act of insult D as a crime of insult, and the Defendant continued to take the bath, and assaulted by the Defendant, for the purpose of arresting the said slope D, the Defendant’s chests of the G during the process of preventing the arrest of the said slope D on several occasions, and the KON was sealed.

Accordingly, the defendant interfered with the investigation of traffic accidents by police officers and legitimate execution of duties concerning arrest of flagrant offenders.

2. The gist of the defendant's appeal is that the defendant's act that D and G attempted to arrest the defendant as a flagrant offender was unlawful, and thus, even if the defendant used D and G to oppose this act, the crime of obstruction of performance of official duties is committed against D and G.

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