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(영문) 서울북부지방법원 2019.11.21 2019고단3566
공무집행방해
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The defendants are apartment security guards such as apartment security guards with the workplace rent.

On July 6, 2019, at the E restaurant located after Dongdaemun-gu Seoul Metropolitan Government D on July 16, 2019, the Defendants resisted Defendant A to go through the police officer belonging to the Seoul Dongdaemun Police Station, who was dispatched to the scene after receiving a report of 112 from the proprietor of the restaurant business, and received a notification of violation of the Punishment of Minor Offenses Act from H, who was a police officer belonging to the police officer belonging to the Seoul Dongdaemun Police Station, and received a notification of violation of the Punishment of Minor Offenses Act by the police officer belonging to the police officer belonging to the police officer belonging to the same police officer G, who was called to the scene. Defendant B and Defendant C jointly committed an assault, such as taking a high character of the police officer G, taking the clothes of the police officer G, taking the clothes of the police officer G, and putting the police officer back. The above police officer dispatched the police officer, and the Defendants Habing the Hab and her clothes.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. A written statement of I;

1. Application of the video CD-related statute

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each of the above orders for provisional payment is that the defendants received notification as a disturbance of drinking alcohol and resisted police officers, and the crime is not very good.

However, the Defendants are the primary offenders and recognize the crimes of this case.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions shown in the records and arguments, such as the age and environment of the Defendants, the background of the instant crime, and the circumstances after the crime.

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