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(영문) 의정부지방법원 2013.08.23 2013고단1629
공무집행방해등
Text

Defendant

A A The fines of fine of KRW 3,000,000, the fines of KRW 500,000, the fines of KRW 500,000, and the fines of KRW 2,00,00, respectively.

Reasons

Punishment of the crime

1. Defendant A and B, at around 03:30 on May 31, 2013, together with the Government-si F and 1st floor “G”, Defendant A, while under the influence of alcohol, had the victim E (20 years of age) in drinking on five occasions due to the victim E (20 years of age). Defendant A and the victim H (21 years of age) who speaks on the back of a fighting match one time as a drinking part of the victim I (25 years of age) who is a part of the fighting match. Defendant B followed the victim I (25 years of age) who is a part of the said G, a part of the face of the victim I (25 years of age) who is a part of the said G, and Defendant B took part of the victim H’s fighting once under the influence of Defendant A’s assault.

Accordingly, the defendants jointly assaulted the victim H, and the defendant A assaulted the victim I.

2. At around 03:45 on May 31, 2013, Defendant A and the Defendants together carried out the G burial in front of the G burial. Defendant A, a police officer belonging to the Jung-gu Government Police Station J District, called “this spawn, spawn, spawn,” who called “this spawn, spawn spawn spahn,” and spawn in both hands, and the Defendant C spawn spahn with “this spahn spahn spahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendants conspired to assault police officers to interfere with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K and H;

1. Application of Acts and subordinate statutes of the I;

1. Relevant legal provisions and the choice of punishment for the crime (the choice of each fine - the details of the crime committed, the agreement with the victim H has been reached, Defendant A and B have no particular criminal record, and Defendant C is the initial offender, etc.);

A. Defendant A: Article 136(1) of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Articles 260(1) and 30 of the Criminal Act

B. Defendant B: Violence, etc.

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