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(영문) 서울북부지방법원 2016.12.06 2016고단4490
공무집행방해
Text

The sentence against the accused shall be determined as a fine of 3,00,000 (three million won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On August 28, 2016, at around 04:35, the Defendant: (a) served as a police officer of the Seoul Gangseo-gu Seoul Southern Police Station C police box, who was called up after having received 112 reports in front of the B building in Gangnam-gu Seoul, and attempted to arrest the Defendant’s first executive officer E, as a flagrant offender in violation of the Punishment of Minor Offenses Act, and committed assault on D’s chests twice as his hand.

As such, the Defendant interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police record regarding D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense. Article 136 (1) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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