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(영문) 서울서부지방법원 2014.02.13 2013고정1248
공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 00:25 on July 8, 2009, the Defendant violated the Punishment of Violences, etc. Act (joint violence) and B had the face of the victim by drinking the victim on the ground that the victim E was changed. Around July 8, 2009, the Defendant was faced with the victim by gathering the chair who had been at the same time.

Accordingly, the defendant assaulted the victim jointly with B.

2. The obstruction of the performance of official duties, the injured Defendant and B committed assault, at the above date, at the above place, on the grounds of paragraph 1, by a slope G belonging to the Seoul Western Police Station F District G, and a slope H, to arrest the Defendant and B as a flagrant offender on the grounds of paragraph 1, such as the Defendant and B’s franchising of the franchis of the said police officer, and the franchising of the franchis, and B, while getting on the back seat of the patrolr and going into the Franchising of the franchiscing part of the slope that franchis the slope that frans down

At the F District Team of Seoul Western Police Station, the Defendant continued to intimidation the police officers by saying, “I will die at the time of death, I will am all of his family members, I will come to go to the name of his family members,” and “I will go to go to the post.”

As a result, the defendant and B jointly interfered with the legitimate execution of duties of police officers with respect to arrest of flagrant offenders and in-house service, and at the same time, the victim G was placed in a spatitis that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Some statements concerning the suspect B in the police interrogation protocol;

1. Each police statement made to E, G, and H;

1. A written statement of I;

1. Application of the legislation in its opinion;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 30 of the Criminal Act; Article 257 (1) of the Criminal Act; Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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