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(영문) 서울중앙지방법원 2018.07.12 2018고단2337
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On February 9, 2018, at around 04:20 on February 9, 2018, the Defendant destroyed and damaged the frat frat frat frat, frat, and frated at the convenience store located in Gangnam-gu Seoul Metropolitan Government, by cutting the frat frat, without any particular reason.

Accordingly, the defendant damaged the property owned by the victim's name, the owner of the convenience store.

B. On February 9, 2018, the Defendant interfered with the performance of official duties at around 04:40 on February 9, 2018, at around 04:40, her face was taken one time as he/she drink E with the Seoul Suwon-gu Police Station D Rabble, without any particular reason.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. Defendant B: (a) on the ground that: (b) the date and time indicated in paragraph 1-B; and (b) the police officer F, who belongs to the Seoul Suwon Police Station D District, arrested the Defendant in flagrant offender A, who was the Defendant’s post-ship; and (c) carried the Defendant into the patrol vehicle; (b) the Defendant was pushed down the F’s working uniform; and (c) was pushed down with his chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. G statements;

1. A criminal investigation report (verification of details of damage);

1. Application of the Acts and subordinate statutes to photographs of on-site and damaged police officers, and portrait photographs of damaged police officers;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act (the point of destroying property);

B. Defendant B: Article 136(1) of the Criminal Act

1. Selection of each of the selective fines for punishment (the Defendants were both the initial offenders, the Defendants’ mistakes are divided, and the damage was recovered by purchasing all the damaged articles after Defendant A committed the crime, and considering the agreement with the victim)

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

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