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(영문) 서울남부지방법원 2016.07.01 2016고단655
공무집행방해
Text

Defendant

A and B shall be punished by a fine of KRW 3 million and by a fine of KRW 1.5 million, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant C, around January 19, 2016, at around 21:55, 2016, was drunk in “Ising room” toilets operated by Yeongdeungpo-gu Seoul Metropolitan Government G Victim H, and without any justifiable reason, destroyed the unexplosive water circulation of the market value, which is installed in the toilet, by an influence method.

2. Defendants A and B conspired with each other to interfere with the performance of official duties at the time and place set forth in paragraph (1) of this Article, and asked the police officers assigned to the police station in Yeongdeungpo-gu Seoul, Seoul, the police station in charge of the 112 report and dispatched to the site, and asked the Defendants of the report in paragraph (1) H and the details of the report. Defendant B used the above M to give a bath to the above M, and used the sobbbbbbbbbbs for drinking, and Defendant A used the above M to display the drinking in place and stop it twice, and obstructed the police officers’ legitimate performance of duties regarding the handling of reports by assaulting the police officers, such as the vehicle walking the back part of the backbbbbbbbbbs of the above K, which took place several times at the 112 report.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against M, K, L, H, orO;

1. CCTV images;

1. Application of on-site photographs and statutes governing damaged photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A and B: Articles 136(1) and 30 of the Criminal Act

B. Defendant C: Article 366 of the Criminal Act

1. Defendant A and B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. The act of assaulting police officers performing their official duties, such as Defendant A and B, and obstructing the performance of their official duties, is not against the nature of the crime.

However, the defendants led to the confession and reflect of their mistake, the defendant A deposited KRW 500,000 for the M and K by the damaged police officers, and the defendants were subject to criminal punishment in Korea before.

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