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(영문) 서울서부지방법원 2020.10.29 2020고단2206
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 12, 2020, the Defendant: (a) at the ground parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul on July 12, 2020, 112 that “A person who dumbling alcohol” was called “a person who dumbling alcohol” and called “a person who dumbling alcohol” was the police officer belonging to the Seoul Seodaemun-gu Seoul Western Police Station C ought to refrain from spreading the victim’s body; (b) took a cell phone with the victim’s body, who tried to cause the Defendant to walk up on the floor; and (c) broken up or broken up the victim’s left hand.

At around 01:49 on the same day, the defendant spits the victim's face after arresting the defendant, and was spiting the victim with his hair.

피고인은 같은 날 01:53경 서울 서대문구 E 서울서대문경찰서 C파출소에 공무집행방해의 현행범인으로 체포되어 인치된 후 같은 날 03:35경 서류작업을 하고 있던 피해자의 왼쪽 어깨를 오른발을 이용하여 걷어찼다.

As a result, the Defendant interfered with the legitimate performance of duties by the police officer on the 112 Report Work, and at the same time, the Defendant suffered injury such as salt, tension, left-hand snow, etc. of the left-hand fingers requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Penalty payment notice, work place and 112 reported case handling table; and

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. In order to establish the legal order for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1), there is a need to strictly punish a crime of obstruction of performance of official duties. The defendant simply assaults a police officer.

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