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(영문) 서울동부지방법원 2017.11.30 2017고단2781
공무집행방해등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint intimidation) jointly prevents the said taxi on the street in Gwangjin-gu Seoul Special Metropolitan City, on May 6, 2017, on the ground that the taxi driving on the victim D (44 years old) driving on one-way roads around May 6, 2017, and Defendant B set off one-way favorable for the taxi driving on one-way roads, while Defendant B set off one-way favorable for the taxi driving on drinking.

C. C. E. F.W. H. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.

2. On May 6, 2017, the Defendant obstructed Defendant A’s performance of official duties at the above place, and assaulted Defendant F’s chests on the ground that: (a) the police box affiliated with the police box affiliated with the Seoul Mine-gu Police Station E box sent out after having received the said D’s 112 report, taken the Defendant’s f’s blue, and demanded identification cards, by taking the Defendant’s f’s blue image, and demanding identification.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Application of the statutes on video recording CDs on mobile phones;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the point of joint intimidation) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

(b) Defendant B: Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (joint intimidation)

1. Selection of each selective fine for punishment (the Defendants have no record of punishment exceeding a fine, and all the Defendants have committed any contingent crime in the whole period and show the form of reflecting it);

1. A aggravated defendant for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment is determined to interfere with the execution of heavy public duties;

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