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(영문) 서울중앙지방법원 2016.08.25 2016고단3975
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 29, 2016, at around 23:20, the Defendant: (a) was arrested and carried out as a current offender of assault from a policeman affiliated with the aforementioned D District Police Station located in Gwanak-gu in Seoul Special Metropolitan City, by a police officer at the D District, who was dispatched to the site after receiving a report 112 prior to the D District Team; (b) was tightly pushed off the body of E by hand; (c) continued to enter the D District to take a bath to E; (d) brought him into the said D District; and (e) committed assault, such as cutting off the neck by hand, pushing him, and sphering him once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

1. It is so decided as per Disposition on the grounds of Article 57 or more of the Criminal Act including the number of days of detention in prison;

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