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(영문) 서울동부지방법원 2014.07.25 2014고단1275
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 12, 2014, around 23:55, the injured Defendant sent the victim’s face to drinking, on the ground that the victim E (the age of 57) who used the subway station in Songpa-gu Seoul is about to release the Defendant out of the subway station on the ground that the victim E (the age of 57) was about to move out of the subway station.

As a result, the defendant suffered injury to the victim, which requires approximately three weeks of medical treatment.

2. At the above time and place of the obstruction of performance of official duties, the Defendant: (a) arrested the Defendant as a flagrant offender on the criminal facts under the above paragraph (1) by a slope G, a police officer belonging to the Seoul Song-gu Police Station, who was dispatched after receiving a report of 112; and (b) assaulted the Defendant at one time on the left scam of the above G with his hand.

Accordingly, the Defendant interfered with the police officer's report processing and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to on-site and bodily injury photographs and diagnosis reports;

1. Relevant Article 136 (1) and Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine for negligence, and the choice of a fine for negligence;

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

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

1. According to the evidence duly adopted and examined by this court, determination of the defense counsel's claim of mental disability under Article 334 (1) of the Criminal Procedure Act, it does not seem that the defendant lacks the ability to discern things or make decisions, despite the fact that he/she had drinking at the time of committing the instant crime.

Therefore, the defense counsel's claim of mental disability is not accepted.

The crime of this case on the ground of sentencing is the defendant's injury requiring approximately three weeks' medical treatment to the victim who is the cause of subway service, and further, the police officers dispatched are legitimate.

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