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(영문) 서울동부지방법원 2015.10.14 2015고단2021
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. At around 22:20 on May 23, 2015, the Defendant obstructed the performance of official duties by a police officer F, etc. belonging to the Seoul Gwanjin Police Station E-gu, Seoul Special Metropolitan City on the street before Gwangjin-gu, with the right-hand light of the patrol police officer F, etc. who was on patrol, without any justifiable reason.

Therefore, the police officer said that “drawing off the patrol car.” The police officer said that “I see why we see, we are the victim. I am the victim. I am the victim of a civil petition. I am the victim of a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and the Defendant gets the arms of the above police officer by hand, and interfered with the legitimate execution of duties concerning the public safety and order maintenance of the police officer.

B. On May 24, 2015, at around 00:25, the Defendant damaged the patrol vehicle, which is an auxiliary object, to ensure that the repair cost is equivalent to KRW 60,000,00,00 in front of the Seoul Mine Police Station E District, the part below the left side of the patrol vehicle No. 15, which the police officer, etc. tried to board the Defendant to hand over to the Seoul Minejin Police Station.

2. Defendant B expressed the above desire at the time, time, and place set forth in Defendant B’s paragraph (a) of Article 1, carried the arms of the above police officer by hand, sealed the body, thereby hindering the police officer’s legitimate performance of duties concerning the prevention, suppression and investigation of the crime, public peace and order maintenance.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of damage (damage to public goods-damage 15), investigation reports (related to telephone statements from shots G), investigation reports (report on the submission of details of transactions in the suspect's account);

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

A. Defendant A: Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Article 141(1) of the Criminal Act, and the choice of fines, respectively.

B. Defendant B: Article 136(1) of the Criminal Act; selection of fines

1. A who is subject to aggravated concurrent crimes: The former part of Article 37 and Article 38(1) of the Criminal Act.

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