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(영문) 서울남부지방법원 2013.07.12 2013고정1669
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 14:45 on March 28, 2013, the Defendant received an order to leave the court from Yangcheon-gu Seoul Metropolitan Government 1, 313-1, Seoul Southern District Court 408, and subsequently avoided disturbance in the front corridor before the court, the Defendant was sentenced to a fine of KRW 800,000 as an insulting offense at the Seoul Southern District Court on January 14, 2013 (Seoul Southern District Court 2012Da3693), and then appealed, the Defendant was sentenced to a judgment dismissing the appeal on March 28, 2013 (Seoul Southern District Court 2013No147). However, the Defendant was sentenced to a judgment dismissing the appeal on June 13, 2013 (Seoul Southern District Court 2013No147).

(Supreme Court Decision 2013Do3883). Upon receipt of a report, the court security management unit, who is a public official belonging to the court (Nam, 49 years old), and C (Y, 31 years old), was demanded to leave the court building.

그럼에도 불구하고 피고인은 이를 거부한 채 계속하여 큰소리로 떠들면서 소란을 피우다가 위 피해자들에 의하여 법원 밖으로 인치되는 과정에서, B의 오른쪽 정강이를 1회, 낭심을 3회 발로 걷어차고, C의 얼굴을 주먹으로 3회 때리고, 오른쪽 정강이를 발로 1회 걷어차고, 같은 법원경비관리대 소속 공무원인 D(남, 41세)의 낭심을 발로 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by the court public officials on the security and maintenance of order in the court, and at the same time, committed ice tympiles, etc. requiring a treatment for about 7 days to the victim B, and “ice tymprym tympums,” etc. requiring a treatment for about 14 days to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Three copies of the statements of victims and those of public officials;

1. Application of Acts and subordinate statutes of each injury diagnosis letter prepared by a doctor E;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes.

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