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(영문) 서울서부지방법원 2018.03.21 2017고단3568
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

1. Violence;

A. On August 12, 2017, the Defendant assaulted the victim C at the main toilet of Seodaemun-gu Seoul, Seodaemun-gu D and the second floor of “E” on August 12, 2017, without any reason, with the influence of alcohol, and without any reason, committed assault against the victim C (e.g., the victim’s face and chrogate at the end of the 26-year-old test.

B. The Defendant assaulted the victim F with the victim F at the time and place set forth in paragraph 1, and at the place set forth in paragraph 1, the police officer called the victim F (the victim F (the 27 years old), who was dispatched to the police officer upon receipt of a 112 report, committed assault against the victim on one occasion by drinking the victim F (the 27 years old).

2. On August 12, 2017, the Defendant: (a) committed assault at the Seoul Western Police Station’s parking lot located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, for the Defendant to leave the patrol car; (b) on the one hand, the said H’s regular course of lectures was set back several times to the Defendant; (c) from the first floor of the said Police Station, the said H’s regular course of lectures was cut back once from the first floor of the said Police Station; and (d) at the said Police Station I and the office twice of the said Police Station, the said H’s face was cut back to drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the management of new soldiers and criminal cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to C, F, and H;

1. Application of Acts and subordinate statutes to a report on investigation (a witness testimony in the F);

1. Article 260 (1) and Article 136 (1) of the Criminal Act (the point of violence) concerning the facts constituting an offense under the relevant Article of the Act;

1. Selection of each alternative fine for punishment (in light of the circumstances, such as the fact that he/she reflects his/her mistake, the fact that there exists no record of punishment except for one time, and the fact that he/she is receiving mental treatment and health conditions,

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

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