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(영문) 서울중앙지방법원 2015.12.23 2015고단6045

공무집행방해등

Text

Defendant

A shall be punished by a fine of KRW 3,500,00, and by a fine of KRW 1,200,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Around 02:00 on June 7, 2015, the Defendants violated the Punishment of Violence, etc. Act (joint violence) committed an assault, such as: (a) the Defendants were trying to take a taxi in front of Seocho-gu Seoul Metropolitan Government D on the street with the reason that the Defendants under the influence of alcohol would go against the victim; (b) Defendant B carried the victim with an article that cannot be known to the victim; (c) carried the victim’s face on the hand; and (d) took the victim’s face by taking the victim’s back to the victim’s face; and (e) Defendant A committed an assault, such as taking the victim’s left side and taking the victim’s knife and taking the knife.

Accordingly, the Defendants jointly assaulted the victim.

2. At around 02:30 of the same day, the Defendant committed an assault by the police officer in relation to the handling of the 112 report and the lawful execution of duties concerning the arrest of a flagrant offender, such as: (a) the police officer’s 112 report handling by the police officer and the arrest of a flagrant offender, who was called out after having received a witness’s 112 report at the same place; and (b) the police officer G, etc., who tried to arrest the Defendant as a flagrant offender, by hand, tried to capture him as a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements concerning the suspect interrogation protocol against the defendant B;

1. Part of the statement concerning the second police interrogation protocol against the defendant A;

1. Each police statement made to E, G, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. A, Article 260(1) of the Criminal Act (the point of joint assault), Article 136(1) of the Criminal Act, Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Punishment of Criminal Act, Article 20(1) of the Punishment of Violences, etc. A, who choose a fine for negligence, is selected; Article 260(1) of the Criminal Act

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A)