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(영문) 서울중앙지방법원 2018.05.10 2018고단1112

공무집행방해등

Text

Defendant

A A Fine of 4,00,000 won, Defendant B’s imprisonment for six months, Defendant C of a fine of 1,00,000 won, and Defendant D.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime at the center of “G” operated by the Victim F in Gwanak-gu in Seoul Special Metropolitan City from January 7, 2018 to 02:15 of the same day, the Defendants interfered with the victim’s main business affairs by force by avoiding disturbance, such as: (a) assaulting the victims and employees who are suffering from fighting with each other by exercising force; and (b) assaulting the victims and employees.

2. On January 7, 2018, at around 02:05, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the arrest of flagrant offenders by assaulting the Defendant at the location described in paragraph (1) at around 02:05, and by arresting the Defendant as a current offender, the security guards belonging to the H District of the Seoul Hoak Police Station: (a) the Defendant called out after having received a report that fights and fightings take place; and (b) the Defendant attempted to take the Defendant out of the above main body; and (c) to capture the foregoing I’s first vehicle back to the back of the back of the said main body.

2. Defendant B

A. On January 7, 2018, at around 01:50 around 01:50, the Defendant assaulted the victim’s disease, which is a dangerous object on the part of the said victim, due to a arbitrative dispute with the victim, while drinking with A, C, and D.

B. On January 7, 2018, at around 02:05, the Defendant obstructed the police officer’s legitimate performance of duties in relation to arrest of flagrant offenders by assaulting the Defendant at the place as indicated in paragraph (1) at around 02:05, and by assaulting the police officer’s bridge belonging to the same patrol group at around 112, which was called out after having received a report that fights and fightings would break out. In order to escape from the defect that he attempted to move out of the above main body, the Defendant arrested the Defendant as a current offender and taken back once a main body. During the process of arrest, the Defendant obstructed the police officer’s legitimate performance of duties in relation to arrest of flagrant offenders by assaulting the police officer’s wing part of the back body of the said J as his hand.

4. The Defendant D, at around 01:50 on January 7, 2018, was under the influence of alcohol with the victim A, C, and B at the place described in paragraph (1) around 01:50.