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(영문) 서울동부지방법원 2016.09.07 2016고단1408
공무집행방해
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

At around 23:10 on April 5, 2016, A and Defendant B used violence, such as drinking in front of Gwangjin-gu Seoul Special Metropolitan City D.

1. On April 5, 2016, around 23:20, Defendant A arrested the Defendant as a flagrant offender of the crime of assault by a police officer F, etc., who was called out after receiving a report of 112 on the said assault at the said place, and arrested the Defendant from the patrol vehicle, with his head inside the patrol vehicle, and obstructed the police officer’s criminal prevention and investigation, public peace and order maintenance.

2. Defendant B, at the above temporary location, arrested the said police officer F, etc. as a flagrant offender committing an assault, and assaulted the Defendant on the part of the patrol vehicle with his head on one occasion in the patrol vehicle, and obstructed the police officer’s legitimate execution of duties concerning the prevention and investigation of the crime, public peace and order, and maintenance of order.

Summary of Evidence

1. Legal statement of witness F;

1. Damage photographs;

1. Investigation report (a ct images confirmations and screen pictures for crime prevention);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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