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(영문) 서울동부지방법원 2018.04.20 2017고단4268
공무집행방해등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) on October 17, 2017, at the main point of “E” located in Gwangjin-gu Seoul Special Metropolitan City, the Defendants, upon receiving a report from the police officers belonging to the Seoul Mine-gu Police Station F District, recommended them to return home from the police officers belonging to the Seoul Mine-gu Police Station, and take the spitation outside the main point and the victim G (44 years old) and the victim G (4 years old), and the Defendant A, upon receiving a report, considered that the Defendants spit spit.

In doing so, “spits or spits the victim’s face, bats the victim’s bat, bats the victim’s bat, and Defendant B b dats the victim’s head on one occasion by drinking.

Accordingly, the Defendants jointly assaulted the victim.

2. Around October 17, 2017, Defendant A’s interference with the performance of official duties was arrested as a flagrant offender on the ground of the assault described in paragraph (1) above, and was transferred to the F District of the Police Station in Gwangjin-gu Seoul Special Metropolitan City H, Seoul. On the ground that Defendant refused the above Defendant’s demand to cover the lock of the lock, Defendant 2 knicked with the background I belonging to the said District, and Defendant 2 knished with the head of K, who prevented Defendant J from spreading to the background leading to the said District, and committed assault, such as taking a knish’s head and skeing the knick, which caused the Defendant’s refusal to cover the lock.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on patrols within the jurisdiction and the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to K and G;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act (limited to cases where a person interferes with the execution of official duties).

1. Selection of punishment;

A. Defendant A: each of the imprisonment.

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