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(영문) 서울중앙지방법원 2019.08.22 2018고단8300

폭행등

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On November 22, 2018, the Defendant: (a) around 05:00, at “C” entertainment bars located on the second floor of the building B in Gwanak-gu in Seoul Special Metropolitan City, and (b) at the slope E and Police Officer affiliated with the Seoul Gwanak-gu Police Station D District District, which received 112 reports, heard the victim’s employee (G) who was assaulted due to the studio of the said main shop and heard his statement; (c) however, the Defendant saw the employee to move into studio by putting the studio in the studio.

The Defendant, while putting a stude E in a stude E, sprinking the stude E with his hand while putting the stude E, and even if the above E attempted to arrest the Defendant as a flagrant offender for the obstruction of performance of official duties, he continued to commit assault by cutting off the stude and cutting off the stude.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement for handling 112 reported cases);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine (the physical damage inflicted by a police officer is relatively minor, and all other circumstances constituting the sentencing conditions specified in the records of this case, including the defendant's age, character and conduct, environment, motive and consequence of a crime, and circumstances after a crime, etc.);

1. The defendant and his defense counsel's assertion of the defendant and defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse, and the police officer's act at the time does not constitute legitimate execution of duty.

On the other hand, the crime of obstruction of performance of official duties under Article 136 of the Criminal Code is established when the execution of official duties is legitimate, and the legitimate execution of official duties here must be within the authority of the public official as well as within the abstract authority of the public official.