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(영문) 광주지방법원 2015.01.15 2014고단4382

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. 피고인은 2014. 10. 2. 20:21경 광주 동구 B 소재 ‘C’ 앞길에서, 피해자 D(남, 59세)이 운행하는 E 개인택시의 조수석에 탑승하여 피해자가 최단거리로 택시를 운행하지 않고 돌아간다고 트집을 잡으며 왼손으로 피해자의 목 부위를 잡고 오른손 바닥으로 피해자의 왼뺨을 2회 때렸다.

Accordingly, the defendant assaulted the victim.

2. At around 20:27 on the same day, the Defendant: (a) was asked from the victim G (manam and 26 years old) of the police officer G (a police officer) who belongs to the F Station of the Gwangju East Police Station, who was dispatched to the scene after having received a report of 112, about the course of the case; (b) the Defendant expressed a bath and verbal abuse that “this sprinke, spacker shall be changed; and (c) both hand depiced the chest part of G, and caused damage to the victim’s character of the head whose head is unknown that requires treatment for about a week on the left-hand hand of G at one time.

As a result, the defendant interfered with legitimate execution of duties by police officers' criminal investigations, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police in relation to G and D;

1. Notification to a department related to 112 reported cases and an investigation report;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs taken by each damaged part;

1. Article applicable to criminal facts;

(a) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(b) Injury: Article 257 (1) of the Criminal Act;

(c) The point of assault: Article 260(1) of the Criminal Act;

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

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. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;