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(영문) 서울북부지방법원 2016.02.18 2015고단2270
강제추행등
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to the Defendants, it is up to one year from the date of each judgment.

Reasons

Punishment of the crime

1. On February 3, 2015, around 02:52, the Defendant: (a) confirmed the fact of damage against the reported person H, police officer H (27 years old) of the G police box 1 team of the patrol patrol who was called out after receiving a report from the Defendant that F, a female customer within the said main point, was indecent act from the Defendant; and (b) arrested the victim as a flagrant offender of the indecent act within the said main point; (c) sent the Defendant out of the patrol station; and (d) sent the Defendant and the Defendant to the Defendant I by carrying out the patrol to the Defendant on board.

In other words, the police officers' legitimate execution of duties was interfered with the prevention, suppression, and investigation of police officers by assaulting the I's bridge values on several occasions while taking a bath.

2. Defendant B: (a) was arrested as an indecent act committed by the Defendant B at the above time and place, and was arrested as an indecent act by the Defendant A, who was the offender, before the patrol vehicle, obstructed the progress of the patrol vehicle by blocking the patrol vehicle in front of the other party; and (b) the said I “I is why it would be why it would be a crime due to the absence of any flachie.

“The police”, “the police”,

"Abruting Ha, etc.", and assaulting a police officer's body with both hand, booming the body of I, selling the inside body and body I multiple times, and obstructing the police officer's legitimate execution of duties in relation to the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of a witness I;

1. The first police statement made to I;

1. The Defendants and their defense counsel asserted to the effect that the Defendants’ act of resistance cannot be deemed to constitute a crime of interference with the execution of official duties since they were illegally arrested under the lack of the requirements for arrest of flagrant offenders against Defendant A.

Article 211 of the Criminal Procedure Act provides that "the latter person of the commission of a crime" as a criminal refers to cases where it is evident from the standpoint of a person who arrests him/her immediately after the commission of the crime.

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