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(영문) 서울중앙지방법원 2020.09.17 2020고단3290
공무집행방해등
Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From May 7, 2020 to 23:58, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of report 112 on the ground that the police officer, who was a police officer called up after receiving 112 reports on the road on the 626-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, the Police Station B police box belonging to the Seoul Gangseo-gu Police Station B police box, Ganb knife the above C’s externally left hand hand, knife and pl up the above C, and restrain it, and plick up the above C’s left hand hand hand hand, and set up a trif, which had been engaged in the external part of the police box attached to the police box belonging to the said police box.

2. The Defendant publicly insultd the victim C by openly referring to the time, place, 112 reporters, criminal behaviors, etc. on the part of the said victim C, such as “I Chewing, dead, dead, and flag,” etc.

3. The Defendant violated the Punishment of Minor Offenses Act, while arrested a flagrant offender as stated in paragraph (1) on May 8, 2020, from around 00:02 to around 01:32 of the same day, he was unable to avoid disturbance at the government office due to the following: (a) the Defendant, under the influence of alcohol within the police box of the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Police Station B police station located in Gangnam-gu, for the police officers working there at that place, she was a breathing of “ging, singing out, singing out, singing out, and gring out, sing off,” and committing rape

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written accusation of the police statement with C;

1. Statement on the actual state of exploitation;

1. Photographs of the victim;

1. The application of the relevant statutes to each criminal report, internal investigation report, investigation report, and accompanying materials (excluding images, such as CDs);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the performance of official duties) concerning the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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