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(영문) 서울남부지방법원 2015.12.21 2015고단4282
폭행등
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 September 17, 2015, the Defendant engaged in obstruction of performance of official duties: (a) around 23:10 on the street in front of Gangseo-gu Seoul Metropolitan Government, the Defendant 112 reported that the Defendant assaulted D; (b) heard D’s statement; and (c) took part in F’s hand to arrest the Defendant as an offender in the act of assault; and (d) took part in F’s hump bucks from the back of the patrol seat on which the Defendant was aboard, at the time of the patrol seat on one occasion; and (c) assaulted the Defendant at one time, such as using the left part.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

2. On September 18, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:45, the Defendant spited down spits on the floor of the office under the influence of alcohol in the state of being arrested and taken in as a flagrant offender, such as the criminal charge of the Gangseo-gu Seoul Police Station and the office under the preceding paragraph; and (b) the police officers in the place of such spits spits on the floor of the office; (c) “I am hing off, hinging off, hinging off, hinginging off, hinging off, hinging off, hinginging off, hinginginging off, hinginginging off, hinginging off, and hinging off, “I am hing off,” and ding off, with the influence of alcohol for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Each statement of H and D preparation;

1. A report on the field of violence;

1. Application of Acts and subordinate statutes to report on investigation (where acts are conducted in the criminal affairs and offices);

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of obstructing performance of official duties), and the selection of fines for the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the sum of the maximum amounts of the crimes of obstruction of performance of official duties, which are heavier than the punishment);

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse.

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