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(영문) 서울남부지방법원 2013.10.29 2013고정1899
공무집행방해등
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Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

At around 20:00 on January 10, 2013, the Defendants: (a) 20:0 the Geumcheon-gu Seoul Metropolitan Government Da 3’s “Fno image production room” with two female workers drinking alcohol and singing. In order to check the practice room for business suspension, the Defendants were asked to cooperate with G, citizen police officers, etc. on the victim’s living safety and life order I (ma, 34 years old); and (b) Defendant A expressed the victim’s desire that “The victim, who is not the president of the Republic of Korea, shall not be the president of the Republic of Korea, but the victim’s chest to drink the victim’s breast part of the victim’s chest, who was in need of drinking alcohol and drinking, and the victim’s second-time treatment of the victim’s knife the victim’s knife with the victim’s finger, and the victim’s second-time treatment of the victim’s knife the victim’s knife and the victim’s second-time treatment.

As a result, the Defendants jointly interfered with the legitimate performance of duties of police officers in relation to field control and at the same time inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness I and each legal statement in G;

1. Each police statement of H and E;

1. On-site photographs and copies of arrest reports of flagrant offenders;

1. Photographs of the victim's body;

1. Application of Acts and subordinate statutes to medical certificates prepared by doctor J;

1. Article 136 (1) of the Criminal Act (the points of obstruction of performance of official duties), Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act for the concurrent crimes; and

3. Selection of each alternative fine for punishment;

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

5. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The assertion that E was engaged in illegal business, even if it was true.

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