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(영문) 서울북부지방법원 2015.09.09 2015고단1436

공무집행방해

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On April 23, 2015, at around 23:20, the Defendants tried to display the clothes of police officers in front of the “F head office” located in Gangseo-gu Seoul, Gangnam-gu, Seoul. The Defendants, upon receipt of a report, “I, a police officer, a slope H, a police officer belonging to the Seoul Gangseo-gu Police Station G police box, and I, a police officer, will throw the son away from the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, tried the son’s son’s son’s son’s son.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of police officers' Ha and I's 112 Report Cases and the crime prevention patrol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to I and H;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in order to establish a legal order of the State and eradicate a light of public authority, since the crime of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) is an offense

However, the defendants committed the crime of this case, and repent and reflect their mistakes, the defendant A was punished by a fine and no more than twice, and the victim police officers prepared a written agreement that the defendants would not be punished by the fine, and there is any other reason.