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(영문) 대전지방법원 천안지원 2015.12.14 2015고단1372
공무집행방해
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around 00:45 on May 5, 2015, Defendant A: (a) committed assault on the chest part of the chest part of the said G on two occasions, with a bad hand, on the ground that the said business establishment first met E was in the Defendant’s daily movement B when the Defendant was in the Defendant’s daily movement; (b) when investigating the circumstances of the instant case by the slope G affiliated with the F District Unit of the Asan Police Station called up upon receipt of a 112 report, Defendant A demanded the Defendant to disclose his personal information; and (c) Defendant used the chest part of the said G on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

2. Defendant B, at the time, at the time, and place as described in paragraph (1), the Defendant arrested a flagrant offender of A who is the Defendant’s daily behaviors and arrested him to board the patrol vehicle. Defendant B assaulted twice the chest part of G with a knick hand leading to the said G, with regard to “if she is arrested as a flagrant offender.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Protocol of the police statement concerning G;

1. E statements;

1. Application of Acts and subordinate statutes to the F District Work Hours and the 112 Patrol Work Hours;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense. Article 136 (1) of the Criminal Act

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

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Probation and order to attend lectures (Defendant A) Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant B)

1. Defendant A [Scope of Recommendation] The basic area (6 to 14 months) of the obstruction of performance of official duties (in the event of a sentence), [decision of sentence] the police officers who inquire of personal information for the performance of official duties, and take a bath against the police officers who inquire of personal information.

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