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(영문) 서울중앙지방법원 2014.01.24 2013고정5148

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A. A. Around 01:00 on August 14, 2013, the Defendant: (a) committed assault and assaulted the victim E and body fighting in his/her hands, which became a vision among D convenience stores located in Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the defendant committed assault against the victim.

B. The Defendant, at the above date and place, obstructed the performance of official duties, as seen above, F, who was a police officer, was booming E and F’s arms, and obstructed F, by hand, the Defendant obstructed F, in order to prevent any defect that F, seeking to have E on the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers as above.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the police suspect interrogation protocol against the defendant and the 36th page of the investigation record

1. Statement and image of the investigation report (CCTV counterpart investigation);

1. Application of the Acts and subordinate statutes in which the letter of arrest of a flagrant offender is entered;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of each fine for the crime;

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 of the provisional payment order;