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(영문) 서울중앙지방법원 2013.10.25 2013고단3928
공무집행방해
Text

Defendant

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

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 15:20 on June 26, 2013, Defendant A, the above Defendant: (a) confirmed the circumstances leading up to the report by the J of the Seoul Central Police Station I police station that called out after receiving a report from 112, Defendant A’s request to the said J to stop the said Defendant and arrest him as a flagrant offender; and (b) assaulted the chest of the said J on one occasion by drinking.

Accordingly, the above defendant interfered with the legitimate execution of duties concerning the arrest of a police officer in a flagrant offender.

2. Defendant B: (a) around 15:25, June 26, 2013, at the “H restaurant located in Jung-gu Seoul, Jung-gu, Seoul; (b) was punished for a dispute with Defendant B, and (c) was dispatched from the police box affiliated with K upon receiving a report as above, and became out of the place.

Although the above Defendant again tried to enter the said K into the shop, the said Defendant took the attitude that she was flicking to flick and she was flicking to her to flick, and assaulted to her to flick the lower part of the said K and to flick up about 3 meters.

Accordingly, the above defendant interfered with the legitimate execution of duties concerning the prevention of crimes and the maintenance of order by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's suspect interrogation protocol against the Defendants

1. Each police officer's statement of K, J and L;

1. Application of Acts and subordinate statutes concerning investigation reports by the prosecution and the hearing of reference witnesses;

1. Defendant A of the pertinent Article of the Criminal Act concerning the facts constituting an offense: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act;

1. Although Article 62(1) of the Criminal Act of the suspended execution (Defendant A) has been punished several times for the same kind of crime, the defendant is a 4th degree disabled person in brain disease, deposit one million won for the victim, and has the wife and children to support.

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