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(영문) 서울중앙지방법원 2014.09.23 2014고단5801
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around 00:40 on August 3, 2014, Defendant A expressed a bath to F, a taxi driver, who was reported on 112 and did not pay a taxi fee on the front side of the pressure-driven middle school located in Gangnam-gu Seoul, Seoul, at the pressure-gu, 225 (tension-gu), and assaulted F, who was dispatched by Defendant A, on one occasion at one occasion at the time, he saw the slope H, who was called “dle,” “Is the governance,” “Is the son,” and “Is the son’s left buck,” and who was dispatched to the police station of Seoul Gangnam-gu, Seoul, at the same time.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

2. 피고인 B 피고인은 제1항 기재 일시, 장소에서 피고인의 친구인 위 A이 공무집행방해 혐의로 현행범인 체포되자 위 경찰관들에게 “뭘 잘못했냐, 씨발놈들아”라고 욕설을 하면서 위 H, I의 몸을 수회 밀치고 잡아당기는 등으로 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

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

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Each selective fine for punishment;

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, each of the provisional payment orders;

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