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(영문) 서울북부지방법원 2016.08.24 2016고단1906

공무집행방해등

Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defendant A’s sole crime committed on March 27, 2016, and around 16:00, Defendant A refused access to the above marina society on the ground that Defendant A was under the influence of alcohol before the Dongdaemun-gu Seoul Dongdaemun-ro 254 (Newly established Dong-dong) and was under the influence of alcohol, Defendant A provided approximately 10 minutes of sound, and expressed a bath.

As a result, Defendant A left a large amount of lusium, thereby slicking neighbors.

2. Defendant B’s joint crime committed on March 27, 2016 at the place indicated in paragraph 1, around 16:10, and Defendant B was notified of the crime described in paragraph 1 from the police officer E belonging to the Dong-gu Police Station D police station, in which Defendant A was dispatched upon receipt of the report 112, and was notified of the crime described in paragraph 1, to the above E. “D. to a good citizen.”

C. H. H. H. H. H. H. H. H. H. H. expressed a bath.

Accordingly, in order to arrest Defendant B as the current offender, Defendant A used the arms of the above E and assaulted Defendant B’s chest as his hand, and Defendant B used the flabbbage of the above E and used the flabbage.

As a result, the Defendants conspired to interfere with the 112 reporting duties of police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Defendants of the relevant provisions of the Punishment of Minor Offenses Act: Articles 136(1) and 30 (Optional to Penalty) of the Criminal Act; Article 3(1)20 of the Punishment of Minor Offenses Act

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. Defendant A within the scope of the applicable sentences under law: Fines of 50,000 to 101 million won Defendant B: Fines of 50,000 to 10 million won;

2. The crime of interference with the execution of official duties in this case by the Defendants is considered to be disadvantageous to the police officer in the process of performing official duties in common by the Defendants.

On the other hand, the defendant A is in profoundly against the crime committed by contingency.