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(영문) 서울중앙지방법원 2016.04.18 2015고정3519
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 31, 2015, at around 03:05, the Defendant was dissatisfied with the Defendant’s legitimate execution of duties concerning the handling of G 112 reports, such as where the police officers, including the FJ G affiliated slope G, who was dispatched to the scene after receiving a report of 112 on May 31, 2015, were subject to separate measures from the Defendant’s female-friendly Guide, and the police officers were strongly resisted to leave the Defendant’s female-friendly Guide at the back seat of the 112 patrol, and where the chest of the above G was pushed into drinking once.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police in relation to G;

1. Investigation reports (in the course of arrest and use of police gear), investigation reports (in the course of arrest and use of CCTVs);

1. Application of CCTV reproduction CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant and the defendant's defense counsel] The defendant's defense counsel stated that the defendant's act of running one-time chest of the victimized police officer's chest does not constitute the crime of obstructing the execution of official duties because the defendant's act of running one time is minor and does not constitute the crime of obstructing the execution of official duties, and the defendant's act constitutes not only the crime of obstructing the execution of official duties, but also the crime of obstructing the execution of official duties is illegal because the defendant's act constitutes a legitimate act or a legitimate defense, and the arguments stated that

In full view of the evidence as seen earlier and the developments leading up to the mobilization of police officers at the time, male and female booms upon receiving a report to the effect that male and female booms a female, and the time of dispatch, time of dispatch, and circumstances leading up to separate measures against the Defendant and the female booms, etc., the act of assaulting the chest of this case once may interfere with the execution of official duties.

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