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(영문) 서울남부지방법원 2017.10.18 2017고단3664
공무집행방해
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On July 5, 2017, around 22:16, the Defendants drafted a statement of E, etc. at the Fsing room operated by Defendant B’s spouse E in Yeongdeungpo-gu Seoul Metropolitan Government, and at the Fsing room operated by Defendant B’s spouse of Yeongdeungpo-gu, Seoul, Youngpo Police Station G H, the Defendants controlled the sale of alcoholic beverages by police officers H, and completed this statement. Defendant A is suitable for the police officer of the Party.

“....” and “......”, the hather fat, fating the h’s bat, pushing the h’s chest by hand, and the Defendant B assaulted the h by pushing the h with a double arms.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers on the control of public morals.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of H’s written Acts and subordinate statutes;

1. Defendants of the relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Optional fine;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Taking account of the following: (a) the Defendants reflects the criminal reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of assault against police officers is relatively minor; (c) Defendant A did not have any record of crime; (d) Defendant B did not have any record of crime; (e) Defendant B did not wear the uniform; and (e) Defendant H did not have any negligence on the part of the police officer’s failure to wear the uniform; and (e) the Defendants do not want the punishment.

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