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(영문) 대전지방법원 천안지원 2019.05.22 2019고단371
공무집행방해
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. At around 04:30 on January 13, 2019, Defendant A expressed a bath to F as “sick, Sick, Sick, Sick, Sick,” and assaulted F’s face with tobacco smoke, on the ground that F, who was dispatched to the site after receiving 112 reports from the main point of the trade name of D located in Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-gu, the E-gu, the North Korean Police Station E-gu, and prevented him from smoking within the main place.

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

2. While Defendant B was coming from a toilet located within the main place at the date and time set forth in paragraph (1), the Defendant observed that the border F and G were arrested the Defendant’s friendship A as a flagrant offender for the obstruction of performance of official duties, and assaulted by the Defendant, by hand, the Defendant 2, who was in a toilet located within the main place.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Each self-statement of H and I;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Article applicable to criminal facts;

A. Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Code

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) the crime is not likely to be committed against police officers in the course of performing official duties; (b) the extent of violence by the Defendants is very serious; (c) the Defendants are against the truth, and Defendant A has no record of criminal punishment except for punishment once by fine; and (d) Defendant B has no record of criminal punishment.

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