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(영문) 서울북부지방법원 2015.07.09 2015고단1129
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On December 26, 2014, around 23:15, Defendant A was arrested as a flagrant offender in the crime of assault, due to the H and parking problems in front of the restaurant of “G” located in Seongbuk-gu Seoul Metropolitan Government F, and upon reporting 112, he was arrested from the J in the circumstances leading to the Seoul Sejong Cancer Police Station I District Department.

At around 23:40 of the same day, the Defendant was arrested as a flagrant offender in the offense of assault, and during the course when H was investigated by the victim, and the Defendant was able to go to him on the ground that H made a false statement, while he was arrested as a flagrant offender in the offense of assault in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, Seoul, and obstructed the police officer’s legitimate execution of duties concerning the suppression of the offense of assault and the arrest of flagrant offender. The Defendant committed an assault, such as: (a) the police officer, who was affiliated with the said patrol group, attempted to restrain L by hand; (b) the police officer, who attempted to arrest a flagrant offender in the offense of obstruction of performance of official duties; and (c) the police officer, who attempted to get off the saidJ by hand, attempted to commit a

2. Defendant B, as a branch of Defendant A, was arrested as a flagrant offender of the crime of assault as a flagrant offender as described in the above paragraph (1) and was committed as a group of the Seoul Canceam Police Station I district in Seongbuk-gu Seoul, Seoul, and became a branch of the said district.

On December 26, 2014, at around 23:40, the Defendant assaulted the victim of the assault as referred to in paragraph (1) of the foregoing paragraph, such as: (a) the Defendant attempted to use the victim again; (b) the police officers belonging to the said area, who prevented the police officers from arresting A in flagrant offenders committing an obstruction of the performance of official duties; and (c) obstructed the arrest of the police officers by harming the police officers who attempted to arrest A inflagrants who belong to the said area; and (d) interfere with the legitimate performance of duties concerning the arrest of a flagrant offender by putting a dog of the said M, flaping and pushing it, which attempted to restrain A from using a slope M to the said area.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of H, L, J, and M;

1. A H statement;

1. A list of reports of investigation as evidence;

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