logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.26 2013고정2076
공무집행방해
Text

Defendants shall be punished by a fine of KRW 1,500,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. On December 22, 2012, at around 21:15, Defendant A committed an assault that interferes with a police officer’s legitimate execution of duties concerning the public safety and maintenance of order, on the ground that Defendant’s daily behavior was sobrupted in front of his wrong way in Gwanak-gu in Seoul Special Metropolitan City, and received a report of his disturbance due to the influence of alcohol, Defendant A’s request for an identification card presentation from a slope G belonging to the Seoul Gwanak-gu Police StationF District, Seoul, which called “it is impossible to give a brut identification card.”

2. Defendant B, upon receiving a report on Defendant’s disturbance as stated in paragraph (1) at the date, time, place, and in a place described in paragraph (1), sent to a slope G belonging to the Seoul Gwanak Police Station, which identified the circumstances of the instant case, and committed assault, such as cutting off G’s arms, thereby obstructing police officers’ legitimate performance of duties concerning public safety and maintenance of order.

3. The Defendant: (a) committed assault, at the date and time, at the place specified in paragraph (1); (b) the Defendant: (c) the police officer and the security guard of the Seoul Mak Police Station; (d) the Defendant arrested Defendant C, who was a first executive officer of the Seoul Mak Police Station, as a flagrant offender under paragraph (1); and (c) the police officer, who attempted to arrest Defendant C, as a flagrant offender and to take aboard the patrol vehicle, and obstructed the lawful performance of duties regarding the police officer’s arrest of a flagrant offender.

Summary of Evidence

1. Each legal statement of the Defendants (as of the third trial date)

1. Each police statement to J and K;

1. Application of the respective Acts and subordinate statutes of G, H and I

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

arrow