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(영문) 광주지방법원 해남지원 2014.04.23 2014고정21

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

[2014 high-level 21] (Obstruction of Performance of Official Duties, Injury) On August 5, 2013, at around 14:20, the Defendant listened to the contents of the report by two persons, including, but not limited to, the police box, E, etc. of the Jindo-gun Police Station, sent out after receiving a report from the Jindo-gun C Community Center, on August 5, 2013, the Defendant sent to the Jindo-gun Police Station: “Pested Dop, Dop, Dop, Dop., Dop., Dop., Dop., Dop., Dop., Dop., Dop., Dop., Dop

In the process that the above police officers arrested the Defendant as a flagrant offender under suspicion of obstruction of performance of official duties for the foregoing reason, the Defendant continued to inflict an unexpected injury on the number of days of treatment, such as taking the police officer E’s awareness of the danger, thereby causing a warning of about 3 cm above the ma part, and at the same time interfere with the police officers’ legitimate performance of duties who are performing the duty of reporting and withdrawal.

[2] (Assault) around 18:15 on July 15, 2013, the Defendant took a bath to the victim F (the male and the 64 years of age) without any reason on the part of the Jindo-gun community hall, and assaulted the victim F with the victim F’s her hand, who was her hand at his/her own discretion, to the effect that the victim F would be able to take a bath to the victim.

Summary of Evidence

[2014 fixed 21]

1. Each legal statement of witness F, E, and G;

1. A photograph of the injured police officer [2014, 2014, 22]

1. Legal statement of witness F;

1. The police statement of H;

1. The application of Acts and subordinate statutes governing the I's self-statement;

1. Article 136 (1) of the relevant Article of the Criminal Act concerning the crime, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties, the crimes of injury, and the punishment imposed on more severe injury);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.