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(영문) 서울동부지방법원 2014.10.30 2014고단2578

공무집행방해등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

1. 피고인 A의 범행 피고인은 2014. 6. 10. 02:30경 서울 송파구 E에 있는 피해자 F(여, 56세) 집 현관 앞에서, 일행인 G 등과 술에 취해 소란을 피우던 중, 피고인은 이에 항의하는 피해자의 뺨을 손바닥으로 1회 때리고, 위 G은 피해자의 배를 발로 1회 찼다.

Accordingly, the defendant assaulted the victim jointly with G.

2. The Defendants’ co-principaled Defendants were subject to the foregoing time, place, and 112 report to the Ha and the Hand J of the Seoul Song District Police Station H District Ha and the Hand J. Defendant A asked the above I’s right hand hand hand hand hand hand hand hand hand hand hand hand over, and Defendant B continued to walk his chest on the following hand, regardless of the her head hand hand hand, and the head of the above J was turned on one hand.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers concerning the processing of 112 reports, and at the same time, they jointly committed an injury to the victim I (the age of 54) for about two weeks, such as a friendly sys that require medical treatment.

3. The Defendant, at around 03:00 on the above day, arrested a flagrant offender who was suspected of obstructing the performance of official duties as above and opened the said I’s hand over to the H district of the Seoul Songpa Police Station located in Songpa-gu Seoul, Songpa-gu, Seoul, and opened the said I’s hand over to the outside, and prevented him from doing so.

As a result, the defendant interfered with the legitimate execution of duties of the police officer on the safe guard of the arrested person, and at the same time, the victim I (the age of 54) needs to be treated for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I, J, and F;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of victims;

1. Article 136(1) of the Criminal Act; Article 2(2), Article 2(1)1, and 3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act for the defendant A: Article 260(1) of the Criminal Act for the crime;

1. Formal concurrences.