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(영문) 서울동부지방법원 2015.05.14 2014고단4032
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant had a weak ability to discern things or make decisions at the time of committing each of the following crimes due to symptoms such as decentralization and damage to the impulse ability due to the same-sex disorder.

1. Around 20:00 on December 10, 2014, the Defendant, who was asked by the victim F, that “Is to go beyond the territory of the Republic of Korea,” among the four students, including E, at the front of the D convenience store located in Gwangjin-gu Seoul Special Metropolitan City, ten or more students are gathered, he expressed a public bath to the victim, who was asked by the victim F, “Is to go beyond the territory of the Republic of Korea,” and “Is to go beyond the territory of the Republic of Korea.”

Accordingly, the defendant openly insultingd the victim.

2. The Defendant, at the time and place of the obstruction of performance of official duties like Paragraph 1, committed assault to the above H by stating that “A person who fessing a fessat on a convenience store” was 112 reported and sent, and the security guards of the Seoul Gwanjin Police Station Gsating the Defendant to arrest the Defendant as a flagrant offender for the criminal facts under Paragraph 1, and assaulted the said H’s chest on both hand, such as “Y, fessat, fessat, fesat, fesat, fesat, fesat, and fessat, fessat at his hair

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness H and F each legal statement, and statement of the suspect examination of the defendant of H to the prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of E;

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

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's summary of the argument.

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