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(영문) 의정부지방법원 고양지원 2014.02.20 2013고단1927
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On May 5, 2013, the Defendants’ co-offendered the Defendant’s joint criminal conduct: (a) around 02:50 on the following grounds: (b) on the ground that, while drinking alcohol in the “E” operated by Gosi-gu, Yongsan-gu; (c) while drinking alcohol in the next table, the victim F (40 years of age) who was drinking in the same manner; (d) the Defendants f (40 years of age); and (e) expressed the Defendants’ desire to walk in the same manner; and (e) Defendant B was able to take part in the victim F’s body by hand and drinking; (e) Defendant A was able to take part in the victim F’s body on the back side of the victim F; and (e) the Defendants got off the victim F’s body on the back by going beyond the upper bottom of the victim F on the wall, the Defendants got off the victim’s wall in favor of the victim.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A

A. While assaulting F at the date, time, and place mentioned in Paragraph 1, the Defendant destroyed the F by breaking the victim D-owned computer monitor at the market price.

나. 피고인은 2013. 5. 5. 03:00경 위 ‘E’ 앞 노상에서 전항의 신고를 받고 출동한 경기일산경찰서 H지구대 소속 순경 I으로부터 전항의 행위를 제지받자 화가 나, I을 밀쳐 바닥에 넘어뜨리고, 지갑과 신발을 그의 얼굴에 던지고, 계속하여 위 H지구대 소속 경사 J의 얼굴에 침을 뱉고, 발로 그의 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to D, J and I;

1. Application of related CCTV Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and the choice of fines), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of fines), Article 366 of the Criminal Act (the point of destroying and damaging property, and the choice of fines)

B. Defendant B: Violence.

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