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(영문) 서울북부지방법원 2014.11.06 2014고단3000
공무집행방해
Text

Defendant

A and B shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

At around 21:50 on July 5, 2014, the Defendants: (a) while drunkd and talked with each other on the front side of the parking lot in Nowon-gu, Seoul Special Metropolitan City; (b) Defendant B committed assault by the police officer G, who was a police officer of the F District Unit of the Seoul Nowon-gu Seoul Nowon-gu Police Station, leaving the cigarette butts on the street, to regulate the above B as a violation of the Punishment of Minor Offenses Act; and (c) Defendant A expressed the above G’s desire to “bring, life knick,” and obstructed the control of G’s chest by one hand while intending to arrest the Defendant A as a crime of obstruction of the performance of official duties; and (d) Defendant B committed assault, such as a hicker’s hand to prevent the arrest of the above A, and Defendant C committed assault with the wheels that h's left hand and knick hand by hand.

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

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G;

1. Each statement prepared by H, I, and J;

1. An investigation report (attached a detailed statement on processing a reported case);

1. Application of the Acts and subordinate statutes governing the sale of victims;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, and Article 30 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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