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(영문) 서울중앙지방법원 2019.06.11 2019고단2335

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On December 22, 2018, around 00:30 on December 22, 2018, the Defendant: (a) the victim C in Jongno-gu Seoul Jongno-gu (Seoul) opened a door that was not locked despite the fact that it was turned out to the front of the restaurant of “D” working as an employee; and (b) intruded the building by entering the said restaurant room.

2. On December 22, 2018, the Defendant: (a) around 01:30 on December 22, 2018, the police box located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) was arrested by the police officer assigned to the said F police box for committing a flagrant act, such as destroying the above structure, and subsequently requested him to board the patrol boat to transfer it to the Sejong Police Station; and (c) was sicked by the police officer assigned to the said F police box on one occasion, and caused him to plick, pl up and pl up the boom of the said G to boom.

The Defendant assaulted as such, thereby obstructing police officers from performing their legitimate duties in relation to the suppression and investigation of crimes.

3. Around December 22, 2018, the Defendant insultingd the victim by referring the victim I, who is the victim of the above paper police station, to “I see, sing, sing, sing, sing, sing, sing, singing, sing, sing, and sing, singing, singing, singing, singinging, and singinginging the victim,” at H and office in Jongno-gu Seoul, Jongno-gu, Seoul, about 46, on the ground that he was arrested and handed over a flagrant offender as prescribed in the above paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

2. The written statement of each police officer against C and G;

3. A written statement of I;

4. Application of Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act of the choice of punishment (the point of entering a structure), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment (the first offender of the criminal defendant and the point of reflecting his/her wrongness)

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

4. Article 334 (1) of the Criminal Procedure Act.