beta
(영문) 서울남부지방법원 2018.05.23 2017고단6121

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. On July 13, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with C, and around E convenience stores in Gangseo-gu Seoul Metropolitan Government, around July 13, 2017, on the ground that the Defendant prevented the Victim F from suffering from suffering from exposure, the Defendant her back head was 1 time as drinking, and 3 times as a hand floor of the said Victim, and C her desire the said Victim to take a bath, and her hand took three times as his hand.

Accordingly, the defendant assaulted the victim jointly with C.

2. On July 13, 2017, at the office located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (a) was arrested by the police officers belonging to the said Ho District, who called to the scene after receiving a report on the crime described in paragraph (1) and 112 on the same crime; and (b) was arrested as a current offender by the police officers belonging to the said Ho District and went to the patrol zone and went to the patrol zone; (c) 5 police officers belonging to the said District, including patrolmen, refused to enter the said District Party into the said District Party, thereby allowing the Defendant to move the Defendant to the said office; (d) 23:05 on the same day after moving the Defendant to the said office, five police officers assigned to the said District Party, including police officers, including patrolmen, to take the Defendant’s arms, legs, head, etc.; and (e) on the same day, at around 23:05 on the same day.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported case.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Each police statement made to I, F, and J;

1. Application of the Acts and subordinate statutes governing photographs and CCTV images;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint assault) and Article 136 (1) of the Criminal Act concerning a crime (a point of obstructing the performance of official duties)

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

1. Selection of each alternative fine for punishment;

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

1. Article 70 of the Criminal Act to attract a workhouse.