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(영문) 서울중앙지방법원 2016.01.06 2015고단2914
공무집행방해
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 28, 2014, at around 23:00, Defendant A made a large amount of drinking value at the main point located in Gangnam-gu Seoul, Seoul, and reported to Defendant 112, Defendant A committed an act of assaulting the police officer, such as the security guard H, etc., belonging to the Seoul Gangnam Police Station, in return for the above 112 report, and continued to f, G’s balleth and falth during the course of carrying out the f, G, and Si expenses, and falth of G’s falthroth, and falth of G’s falth of falth from H, and thereby interfered with H’s lawful execution of duties regarding suppression of a crime by assaulting H’s left hand.

2. Defendant B: (a) committed an assault, at the above time, at the same time, and at the same place as above; (b) upon arresting a flagrant offender from H, the Defendant 2 obstructed H’s legitimate performance of duties regarding the arrest of a flagrant offender, such as h’s body h h h h h h h h h h h h h h h h h h h hs

Summary of Evidence

1. Legal statement of the witness H;

1. A protocol concerning the examination of the suspect concerning the defendant B by a certain prosecutor;

1. Statement made by the prosecution with regard to H;

1. Each police statement made to G, F, and H [the Defendants and defense counsel] The Defendants and defense counsel first asserted that the Defendants’ act of opposing the Defendants did not constitute an act interfering with the performance of official duties, since they were arrested and were in violation of the principle without any grounds to arrest the Defendants at the time of committing the instant crime, and therefore, the Defendants’ act did not constitute an act interfering with the performance of official duties. As such, the following circumstances acknowledged by the evidence mentioned above, i.e., the Defendant A suffered excessive drinking value.

항의하면서 술집 업주인 F에게 가슴을 밀치고 멱살을 잡아 F의 목걸이가 바닥에 떨어졌던 점, ② 이에 종업원 G이 피고인의 손을 잡아 제지하자 피고인 A은 G의 멱살을 잡아 흔들고 정강이 부위를 1회 발로 찼던 점, ③ 112 신고를 받고 출동한 경찰관 H은 F과 G의...

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