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(영문) 춘천지방법원 강릉지원 2013.05.23 2012고단1012
공무집행방해등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On October 30, 2012, around 20:50, Defendant A’s sole crime: (a) heard the phrase “F” operated by the second floor of the victim E (the second floor of the building D (the age of 44) and was drunk from the victim; (b) made an assault, i.e., destroying the victim’s face by breaking a dubbbb, and cutting down the victim’s head, booming the victim’s head; and (c) assaulting the victim’s neck.

2. The Defendants were subject to the control on the grounds that the Defendants committed a disturbance within the main points, such as the slope H and policeman belonging to the G District of the Gangnam Police Station called out after receiving a report of 112 at the same place as the preceding paragraph, October 30, 2012.

Defendant

A는 E에게 폭행을 가하던 중 H으로부터 제지당하자 H의 양 손, 멱살 등을 잡아 흔들고, 발로 H의 몸을 걷어차고, 이를 제지하던 I에게 “이 쌍년아, 너는 뭐야!”라고 욕설하면서 I을 밀치고, 발로 I의 몸을 걷어찼다.

Defendant

B는 이에 가세하여 양 손으로 H, I을 밀치고, 발로 H, I의 몸을 걷어찼다.

Accordingly, the Defendants conspired and interfered with the legitimate performance of duties of police officers concerning patrol duty.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime - Defendant A: Selection of fine in consideration of the following factors: Article 136(1) of the Criminal Act, Article 30 of the Criminal Act, Article 260(1) of the Criminal Act (the choice of imprisonment with prison labor and the choice of imprisonment with prison labor): Defendant B: Article 136(1) of the Criminal Act, Article 30 of the Criminal Act (the point of obstruction of performance of official duties, the choice of fines) - Defendant B

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

1. Articles 70 and 69 (2) of the Criminal Act;

1. There is a previous conviction of a fine due to a number of violent crimes under Article 62(1) of the Criminal Act.

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