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(영문) 서울남부지방법원 2015.12.16 2015고단4529
공무집행방해
Text

Defendants shall be punished by a fine of KRW 4,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

At around 00:20 on September 27, 2015, the Defendants conspired to arrest a police officer FF, G, H, I, J, and K who was arrested as a flagrant offender and went to the patrol at the right time before the departure of the 137 large forest basin No. 9 in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the 137 large forest basin No. 137, and the police officer sent to the police officer for the suspicion of assaulting E who is a happy, and obstructed the legitimate performance of duties concerning the escort of a police officer by assaulting the said police officer, such as the police officer, G, H, I, J, andK, to prevent the police officer from departing from the patrol while taking a serious bath, and the Defendants interfered with the legitimate performance of duties concerning the escort of a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement to F and E;

1. Investigation report (for example, accompanying a video CD), application of CD-related Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in the workhouse: (a) although the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are considerably serious in the nature of the crime in this case that the Defendants jointly obstructed the performance of official duties in relation to the escort of flagrant offenders, the Defendants were arrested and the Defendants appear to have committed contingent crimes; (b) the Defendants were able to repent of such mistakes; and (c) the Defendants did not have any history of punishment in the Republic of Korea, the sentence shall be determined

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