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(영문) 서울중앙지방법원 2018.12.12 2018고단5772

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant committed assault, around August 8, 2018, around 05:10, at the street in front of a small joint post office located in the south-gu Seoul, Jung-gu, Seoul, one-way 34, to physical contact with the victim B (39 years old) in order to make the victim resist, and when the victim resists, the victim’s face is taken by drinking.

2. The Defendant interfered with the performance of official duties: (a) committed assault, such as the time, place, and report of 112 that a foreign male committed an indecent act and assault against a female; (b) and (c) assaulted, such as “fuck pool”, “fuk yu”, and “fuk fuuu,” and booming the said police officer in the process of arresting a flagrant offender under the suspicion of assault as stated in paragraph (1) from a police box affiliated with the Seoul Southern-gu Seoul Southern Police Station C police Station C police box, which was called out to the scene; and (d) assaulted by the police officer on his body; and (c) continuously boomed the said police officer in the patrol car, fu

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of Acts and subordinate statutes to investigation reports (victim B telephone communications);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act, which prevents the execution of official duties by assaulting the victim and dispatched to police officers after receiving a report, was that of the crime.

Taking into account the details of the instant crime and the fact that the Defendant did not agree with the victim, and considering the fact that the Defendant appears to be late to reflect.