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(영문) 서울중앙지방법원 2019.05.15 2019고단1308
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. Around December 26, 2018, at around 23:25, the Defendant insultd the victim openly insultingly by speaking to the victim on a large number of occasions, namely, “hyp typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ.”

2. On December 26, 2018, the Defendant was arrested as a flagrant offender for an insulting offense at the above paragraph (1) on December 26, 2018, and was transferred to the Dongjak Police Station C District Unit in Dongjak-gu Seoul Metropolitan Government.

At around 23:49 on the same day, the Defendant, who was recommended to sit from a slope G with a uniform worn within the said belt under the jurisdiction of the said belt, committed assaulting G one time at around 23:52 on the following day:

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Definite statement of a victim and accusation;

1. The statement of a victim made by G compilation in obstruction of performance of official duties;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is committed by the police officer who is performing official duties, and it cannot be said that the crime of this case is a good crime because it interferes with legitimate performance of official duties by exercising force.

The favorable circumstances: The defendant has been able to recognize the error and reflect his depth.

The defendant has no record of criminal punishment in addition to the crime of this case.

The age, character and conduct, environment, health conditions, and crimes of defendants.

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