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(영문) 서울중앙지방법원 2013.09.13 2013고정2819
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around 01:00 on April 14, 2013, the Defendants’ co-principaled Defendants: (a) received 112 reports from neighboring E in front of his/her bath parking lot in Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), and tried to spit the face of the Defendant A, and arrest the Defendant A as a flagrant offender in the crime of assault, such as the slope G belonging to the Seoul Special Metropolitan City Mak Police Station F Zone G, a slope H, and a slope H spit the face of the Defendant, and spit the face; (b) the Defendant B was sealed with both hands, sealed with the right bridge and the right bridge of G, and the Defendant A was tight with both hands, sealed the H’s chest’s chest, pushed the head, frighting it, frighting it, and booming the breath floor.

As a result, the Defendants conspired in collusion and interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offender or crime prevention.

2. Defendant B, at the above date and at the above place, carried the victim G (the age of 47)’s upper and right bridge, and carried out an open top of the arms in need of approximately seven days’ medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of H/G;

1. A written statement of E and I;

1. Application of the legislation in its opinion;

1. Article applicable to criminal facts;

A. Defendant A: Articles 136(1) and 30 of the Criminal Act

B. Defendant B: Articles 136(1) and 30 of the Criminal Act (the point of obstructing performance of official duties) and Article 257(1) of the Criminal Act (the point of injury)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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