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(영문) 서울서부지방법원 2017.06.23 2017고단971
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. On December 16, 2016, at the entrance of “D’s singing room” located in Gwanak-gu in Seoul Special Metropolitan City around 19:45, the Defendant saw that he was informed of the claim on the ground that he was fluorized from the victim E (31) and was fluorted by “I, fluor, fluor, fluor, fluor, fluor,” and fluorddds the victim’s chest part once by hand, and fluords the victim’s face. Accordingly, the Defendant committed assault against the victim.

2. On December 16, 2016, the Defendant: (a) around the G District of the Seoul Geumcheon Police Station G District located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, intended to take the Defendant into custody by the police officers assigned to the said G District onto the patrol vehicle in order to take the Defendant into custody of the police; (b) spit the Defendant once on the face of the above H on the face of the Party A; and (c) spit the Defendant’s bath.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (including confession, reflectivity, circumstances leading to the crime, and the fact that there exists no record of punishment after 2008);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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