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(영문) 수원지방법원 2013.10.11 2013고정2494
공무집행방해등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 6, 2013, around 21:04, the Defendant: (a) received 112 reports on the ground of assaulting D in front of the “Ccafeteria of the building B located in Suwon-si, Suwon-si; and (b) arrived at the scene by the assistant F of the Suwon-nam Police Station Estation affiliated with the Suwon-gu Police Station Estation, who called out.

In doing so, the Defendant was scam F and G with the face while taking a bath that the Defendant had to go on, thereby obstructing the police officer’s legitimate performance of official duties by assaulting G, which is a police officer, such as “I am scam,” “I am scam, I am scam,” “I am scam, I am am scam,” and am scam, with both hand, the chest part of G scam, and walk the breast part once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On June 6, 2013, the summary of this part of the facts charged is as follows: (a) around 20:55 on June 6, 2013, the Defendant: (b) called “Ccafeteria” within the “Ccafeteria” building B located in Young-gu, Suwon-si; and (c) I called “Ccafeteria” and called “D for a friendly victim.”

However, after diving, the victim reported that the defendant did an assault, such as being towed by I's head debt, leading I's head debt, etc., and the victim told.

그러자 피고인이 피해자를 밀쳐 바닥에 넘어뜨리고 넘어져 있던 피해자의 머리를 잡아 바닥에 수회 찧는 등 피해자를 폭행하였다.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s will under Article 260(3) of the Criminal Act. Since the victim submitted a written agreement on July 4, 2013, which was after the prosecution of this case, that the victim does not want the punishment of the defendant, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act

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