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(영문) 서울중앙지방법원 2016.09.21 2016고단5009
공무집행방해등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On July 12, 2016, anyone who violates the Traffic Act is prohibited from standing, sitting, or standing on a road in such a manner as to be likely to obstruct traffic on the road, the Defendant repeated such acts as lying, sitting, or standing on the road for about 35 minutes, while under the influence of alcohol on the road in front of Songpa-gu Seoul E on July 12, 2016.

Accordingly, the defendant committed a prohibited act on the road in a way that obstructs traffic on the road.

B. Around 00:35 on the same day as in the preceding paragraph, the Defendant: (a) committed assault, such as: (b) who was under the jurisdiction of the F District Team of the Seoul Song-gu Police Station F District of Song-gu, Seoul, which was dispatched to the site after being reported at the said site at around 00:35; (c) was required to refrain from doing the above act; and (d) was demanded to move to the road edge; (d) the left part part of G’s right arms, etc.; and (e) was charged three times with the left part, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers and the prevention of crimes.

2. Defendant B, at the same date and time as paragraph 1-b, and at the same place as that of the above G at the site, was arrested by H in the position of the F District Group 1 Team and Ha, who was on duty from the slope I, as a current offender under suspicion of interference with the performance of official duties, and committed assault, such as being pushed down the body of H and I on the two hand floor and breaking it over the floor.

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

Summary of Evidence

1. Defendants’ legal statement

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

1. Application of Acts and subordinate statutes on violence victims and field photographs;

1. A of the relevant criminal facts: Article 157 subparagraph 4 of the Road Traffic Act, Article 68 (3) 2 of the Road Traffic Act (the violation of prohibition on roads), and Article 136 (1) of the Criminal Act Article 136 (1) 2 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants: Each of the selective fines (the Defendants reflect on the punishment).

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