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(영문) 서울중앙지방법원 2015.03.27 2015고단382

공무집행방해등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 21, 2014, at around 03:38, the Defendant used violence to his family in the Dongjak-gu Seoul Metropolitan Government C Apartment 106 Dong 1203 and damaged property. On December 21, 201, the Defendant arrested the Defendant as a flagrant offender, and the police officer belonging to the D District Unit of the Dongjak Police Station in Seoul, which was called upon upon receipt of a report, and the background E (the victim) who is the victim was the victim, arrested the Defendant as a flagrant offender, defects in carrying the elevator, display the drinking to the above E, and resistance against the above E, the above E is likely to wear the Defendant’s hand, and take the other hand, and take the hand, again, after taking the head of the above E on his hand. At the same time, the Defendant continued to put the hand of the above E on his hand, and assaulted the above E with the face of the above E, thereby interfering with the handling of reporting duties, suppression of crimes, arrest of flagrant offenders, and interfering with the victim’s legitimate performance of duties for 10 days and treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the E, F, and G;

1. A H statement;

1. A medical certificate (Security E);

1. Application of the Acts and subordinate statutes of photograph (G), field photograph, photographic E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

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

1. We decide as above for the above reasons, such as the following: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant; (b) the degree of damage of this case; (c) the Defendant has no record of criminal punishment; and (d) the Defendant inflicted an injury on the police officer while obstructing the performance