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(영문) 서울서부지방법원 2016.06.29 2016고단20

공무집행방해등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Although the facts charged in the charge of obstructing the Defendants’ performance of official duties are also stated in the facts that the Defendants expressed desire, the prosecutor did not prosecute the facts as a crime of insult, and the Defendants did not prosecute the public official in charge of the performance of official duties. Thus, the elements for constituting the crime of obstructing the performance of official duties (the facts that assaulted the public official performing his duties) are clearly revealed without any changes in the indictment to the extent that it does not actually disadvantage the Defendants’ exercise of their right of defense, and the Defendant B appears not to have participated in the assault against I, thereby recognizing the criminal facts by arranging each behavior of the Defendants.

Defendant

A around 17:30 on December 28, 2015, while carrying out patrols at the front of the F church located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while carrying out patrols, he was notified by H of the circumstances during which he belonged to the police box of the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, who was in charge of carrying out the patrols, and thereby was scambling and pushed off H’s breath, and pushed the 1 chest of the police box belonging to the same police box that he carried out the patrols, and the Defendant B, who was in the vicinity, carried the flaps of H with the Defendant A, was sealed along with the head of the Gu in the direction near the alley.

As a result, the Defendants conspired to commit violence against police officers who perform legitimate duties on the prevention of crimes, etc., and Defendant A assaulted police officers I who perform legitimate duties on the prevention of crimes.

2. 피고인 A의 공용 물건 손상 피고인 A은 1 항과 같은 일시 및 장소에서 1 항과 같은 이유로 경위 H 등에게 폭행을 가하던 중 경위 I의 경찰복 외근 조끼에 꽂혀 있다가 떨어져 땅바닥에 놓여 있던 무전기를 보자 화가 난다는 이유로 이를 발로 2회 걷어찼다.

As a result, the Defendant had a part of the connection with the military service by the police box used by a public assistant box, which is equivalent to approximately KRW 1,089,00.