logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.20 2015고단17
공무집행방해등
Text

Defendant

The punishment against A shall be 5 million won, and the punishment against Defendant B shall be 3 million won, respectively.

Reasons

Punishment of the crime

1. Around November 22, 2014, Defendant A’s property damage: (a) around 23:30 on November 22, 2014, while drinking friendly B, etc. in the victim E-operation in Gwangju Northern-gu, Gwangju, the Defendant destroyed the victim’s property damage at least KRW 150,000,000 at the market price, i.e., the victim’s share of “B” in the dispute between B and the victim.

2. The Defendants’ obstruction of the performance of official duties, as described in the foregoing paragraph (1), were forced to voluntarily move to the G district as of November 23, 2014, together with the police officers H and I belonging to the G District of the Gwangju Northern Police Station G District, called out after receiving a report, for the investigation of the instant case around 00:00.

around 00:00 on November 23, 2014, on the grounds that the Defendants were bad to ask the police officers questions about the damage, damage, and violence, etc. from the G District located in the Seoul Northern-guJ, Gwangju, and that Defendant B took one time at hand the chest of the police officers H and I in front of the immediately preceding as his hand, and snick his bat, and Defendant A, who was next to the Defendants, was able to escape the above B, was snicked by the police officer I's chest, and h's arms.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers concerning criminal investigations and the maintenance of public order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I, and E;

1. Application of the statutes governing written estimates;

1. Article applicable to criminal facts;

A. Defendant A’s damage to property: Article 366 of the Criminal Act

B. The Defendants’ solicitation of obstruction of the performance of official duties: Articles 136(1) and 30 of the Criminal Code

1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties on Market) of each Criminal Act against the defendants;

1. Selection of each fine for each crime on which punishment is selected;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (as to the defendant A);

1. Article 70(1) and (2) of the Criminal Act for the detention in a workhouse (for the accused).

arrow