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(영문) 서울북부지방법원 2018.08.23 2018고단2081
공무집행방해
Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On February 11, 2018, Defendant A: (a) around 02:00, on the street in front of “D” located in Seoul Central Franc Zone C; (b) “Many females are under the influence of alcohol” was urged to return home from the Chief F of the police box affiliated with the Seoul Central Franc Police Station E box called out after receiving a report 112; (c) requested the Defendant to send the Defendant to the house under the influence of alcohol; (d) on the ground that the police officers are unable to comply with the request, the back of the patrol car was sent, the said F was pushed down with F, and the right hand was sealed.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of police officers F.

2. Defendant B, at the time and place described in the above paragraph (1), was found to have a defect in photographing the scene of the crime set forth in the above paragraph (1) by using a mobile phone, and Defendant B tried to keep the body of the above G and cut off the cell phone for the purpose of interfering with the aforementioned paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of crimes G police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes governing evidence photographs;

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

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

1. Defendants of the provisional payment order: The Defendants were in profoundly opposed to the instant crime committed in the course of committing the instant crime under Article 334(1) of the Criminal Procedure Act.

In this case, I would like to refrain from committing these crimes, which occurred in this case due to a contingency.

There is no punishment for the Defendants.

Such circumstances and the Defendants’ age, sexual conduct, motive for committing a crime, and circumstances after committing a crime shall be comprehensively considered, and the punishment shall be determined as per Disposition.

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