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(영문) 서울서부지방법원 2014.04.16 2013고정1479
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On December 21, 2012, the Defendant committed an assault, such as 00:35, on the road in front of Mapo-gu Seoul Metropolitan Government, that he was dismissed from three police officers, such as the police officer, belonging to the Seoul Mapo Police Station D District D, Seoul Mapo Police Station, who was called “Iskin” and “Iskin,” with his hand, flading the ebbbbb, and ske, etc. of the above E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

2. Around 00:50 on December 21, 2012, the Defendant damaged public goods by exposing electric contact points installed on the market price of the non-sured plastic garbage bags and walls, which are public goods located in the office, on the ground that the Defendant was arrested in the D District area located in Mapo-gu Seoul Metropolitan Government as a flagrant offender for the obstruction of performance of official duties, and was waiting for the investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. E testimony;

1. Application of the Acts and subordinate statutes governing the statement made by G and H in the fourth trial record;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of each fine for the crime;

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

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act for the obstruction of the performance of official duties are asserted as follows: ① the defendant was not notified of the grounds for arrest and the right to receive assistance of counsel at the time of arrest, and thus constitutes an illegal arrest; ② the defendant's use of force, such as flabing and flabing flab of police officers E, is against illegal arrest, and thus, it does not constitute a crime of obstruction of the performance

G's statement in lives, E testimony, and the fourth trial record.

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