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(영문) 서울북부지방법원 2012.08.17 2012고정851
공무집행방해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant operates an external wall cleaning company of Gwangjin-gu.

On February 6, 2012, at around 05:35, the Defendant assaulted the police officer’s legitimate performance of official duties by assaulting the victim’s horse E at one time on his hand at the victim’s seat, with the Defendant’s parent’s housing located in Jung-gu Seoul Metropolitan Government Do 303 on February 6, 2012, and having reported to the scene 112 that he shoulders and wraps illness, and expressed to the scene that E would be genuine to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s statement legislation;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

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

1. The defendant asserts that the reduction of or exemption from the cost of lawsuit under Article 186 of the Criminal Procedure Act (the basic remuneration of KRW 300,00,00 won for travel expenses of KRW 2,00,00 witness E, daily wage of KRW 40,00 per day, and KRW 40,000 per day of witness F, who is a public defender) is erroneous in drinking. Thus, it cannot be determined that the defendant committed a crime in a state of drinking to a certain extent, but it cannot be determined that there was a defect in the property change or decision-making ability. Thus,

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