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(영문) 서울서부지방법원 2014.11.05 2014고단2063
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

1. On June 4, 2014, at around 22:30 on June 4, 2014, the Defendant: (a) arrived at the site by the horse F belonging to the Seoul Mapo Police Station E zone, and confirmed that knife had already been sent to the hospital, and thereby interfered with a police official’s legitimate execution of duties concerning the handling of the instant report by 112 reporting, by putting a knife to a flife, flife at the latest of Mapo-gu Seoul Mapo-gu, Seoul; and (b) doing so.

2. At around June 4, 2014, Defendant B: (a) arrested the above Party A under suspicion of obstruction of performance of official duties, and obstructed the legitimate execution of duties of police officials with regard to the arrest of the police officials, etc., by putting the shoulder part of the above F and putting the clothes into a patrol vehicle, as in the foregoing provision, at the same place as mentioned in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of suspect interrogation against the Defendants

1. Statement of the police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the relevant criminal facts (see, e.g., the choice of fines for each of the Defendants, the violation of each of the Defendants, and the absence of penal power)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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