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(영문) 광주지방법원 2018.11.28 2018고단1977

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 1, 2018, the Defendant: (a) around 03:35, around Gwangju Mine-gu, filed a report on the said drinking house that the Defendant 112 reported to the customer kid; (b) resisted the victim slopeF, a police officer belonging to the police station of the mine police station, who called the scene, to arrest the Defendant on the charge of assault; (c) resisted the victim’s hand, frighted the victim’s shoulder by keeping the victim’s shoulder; and (d) interfered with the police officer’s legitimate performance of official duties.

2. The Defendant expressed the Defendant, at the time and place under the preceding paragraph, who was arrested by the victim guards G of the Mining Police Station E District, to “Ah-Ch-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-k-k-k-k-k-k-k-k-k-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing victim photographs and CCTV images;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal liability for the crime is not easy by exercising violence against the police officers who perform legitimate official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and causing injury.

The defendant recognized his mistake and reflects, and the victims do not want to punish the defendant by agreement with the damaged police officers, and the victims have caused them to commit the crime of this case by contingency in drinking.