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(영문) 서울서부지방법원 2018.11.20 2017고단3894

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

Criminal facts

1. Violence;

A. On July 28, 2017, around 04:10 on July 28, 2017, the Defendant committed a assault against the victim B (17) on the ground that he was under the influence of alcohol on the front side of Mapo-gu Seoul Mapo-gu Seoul, and was committed by the victim on the ground that he would have avoided the disturbance and resist the disturbance with one’s own behaviors. As such, the Defendant committed a assault against the victim when she was frighted to the victim when he was boomed with the victim’s chest part and frighted with the victim’s

B. The Defendant committed the crime against the victim D (17 tax) committed assault against the victim by cutting breath of the victim’s breath by hand on the same ground as, at the same time, at the same place as, the description of the family paragraph, and committing assault against the victim.

2. The Defendant obstructed the performance of official duties at the same time and place as indicated in Paragraph 1 of Article 1, and at the same time and place as indicated in Paragraph 1 of the same Article, the Defendant: (a) confirmed the particulars of the report by the slope F, who was called out after receiving a report from the Seoul Mapo-gu Police Station Epic, Seoul, on behalf of the assistant F, who was called up with the Defendant; and (b) assaulted the F’s breast part by keeping the f’s chest and selling it for drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Each legal statement of witness B, D, F, G, and H;

1. In light of the 112 Report Processing table [the victim B, D, on-site dispatch police officers F, witness G, and H’s specific, consistent, and consistent statements, the facts that interfere with the execution of assault and official duties, such as the Defendant’s criminal facts, can be sufficiently recognized.

On the other hand, the defendant alleged that he was assaulted first from the victim's side and set up against his legitimate defense. However, there is no evidence to acknowledge the fact that the victim first assaulted the defendant. Rather, according to the above evidence, the defendant can only be recognized as having taken time first to the victim's side, and the defendant's legitimate defense cannot be accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Each Criminal Act;

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