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(영문) 서울동부지방법원 2013.11.27 2013고정1196

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 5, 2013: (a) around 23:10, the Defendant: (b) while fighting with D, a taxi driver, on the ground that the cab was running in front of Gangdong-gu Seoul Metropolitan City, on the ground that he was frighted with D while drinking water, and was frighting to the Defendant; (c) while the process E (ma, 57 years old) belonging to the Gangseo Police Station called the Defendant’s arms in order to stop the Defendant who want to assault D again upon receiving a 112 report, the Defendant expressed that E (ma, 57 years old), who was called the Defendant’s arms, would be boomed to the Defendant’s arms in order to prevent the Defendant from committing assaulting the said D again; (d) while recognizing that the Defendant’s hand would be frighted to be faced with E’s face, the Defendant obstructed the Defendant’s lawful performance of duties by flading the Defendant’s 112 report processing; and (d) at the same time, performed the victim’s snow, eye, etc.

Summary of Evidence

1. Each legal statement of witness E and F;

1. E prosecutorial statement;

1. A written arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.