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(영문) 서울동부지방법원 2019.03.25 2018고단4218
업무방해등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. The Defendants were unable to avoid disturbance, such as: (a) from November 11, 2018 to 00:05, the victim D, who was in Songpa-gu Seoul Songpa-gu, had been accommodated in the Eelbur operated by the victim D from November 11, 2018, to 0:25; and (b) the victim hump was humd with the victim’s speech that there was no empty space from the victim; and (c) the victim hump

The Defendants conspired to interfere with the victim’s maternity business by force as above.

2. Performance of official duties;

가. 피고인 B 피고인은 2018. 11. 11. 00:40경 위 E 모텔에서 ‘손님이 욕하고 기물파손’이라는 112신고를 받고 출동한 서울송파경찰서 F파출소 소속 순경 G, 경위 H으로부터 모텔 밖으로 나갈 것을 요구받았음에도 거부를 하면서 휴대폰을 들고 촬영을 하고 있는 위 G의 손을 가격하고, 모텔 밖에서 현행범인으로 체포가 된 후 위 G이 일행인 A을 체포를 하면서 넘어진 것을 보자 발로 위 G의 머리 부위를 1회 걷어차고, 이를 제지하는 위 H의 허벅지와 정강이 부위를 수 회 걷어찼다.

As above, the Defendant interfered with police officers’ legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

B. At around 00:40 on November 11, 2018, Defendant A reported 112 that “the damage of property” outside the above Eel and sent out, Defendant A sent back two times the chest part of the said G and H by hand, on the one hand, by deeming that the police officer and the police officer of the Seoul Songpa Police Station, who was called out after receiving the report, arrested G and Ha who was working for the said G and H.

As above, the Defendant interfered with police officers’ legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. The police statement of G and H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (verification and attachment of video images);

1. Article 314 of the Criminal Act of this Act concerning criminal facts.

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