logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.09.23 2015고단1478
공무집행방해등
Text

Defendants shall be punished by a fine of KRW 2,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On May 23, 2015, the Defendants violated the Punishment of Violences, etc. Act (joint violence) committed violence against the victims by jointly putting the victim E (30 years of age) and F (40 years of age) into breath’s breath around the main point of “D” located in Gangdong-gu Seoul Metropolitan Government, on the ground that the victim E (30 years of age) and F (40 years of age) had obstructed the Defendants’ positions under the influence of alcohol. Defendant B also assaulted the victim E’s breathroth by killing the breath of the victim E, and in combination with Defendant B, 4-5 times of fating the victim E’s bat and shoulder, 4-5 times of drinking, and continuous drinking.

2. At around 00:55 on May 23, 2015, the Defendants: (a) at the foregoing place; (b) police officers belonging to the Seoul Gangseo-gu Police Station G District, who received 112 reports on the said assault by the Defendants; (c) police officers assigned to the Seoul Gangseo-gu Police Station G District, who attempted to arrest the Defendants as flagrant offenders and to board the Defendants for the police vehicle; (d) Defendant A was sent back to the head of H’s chest and the ship; (c) Defendant B was able to take twice the face of I by drinking; and (d) Defendant B took two times the face of H by verbally speaking in his hand.

The Defendants jointly committed violence against police officers, thereby obstructing police officers from performing their legitimate duties relating to the prevention, suppression and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, F, H, and I;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 2 (2) and (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 260 (1) of the Criminal Act; Articles 136 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties by Defendants);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendants for the reason of sentencing under Article 334(1) of the Criminal Procedure Act are the initial offenders and the defendants have a depth of wrongness.

b. Violence;

arrow