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(영문) 서울중앙지방법원 2013.12.19 2013고정5343
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to five years in Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on November 30, 2012.

1. On August 3, 2010, at around 20:50 on August 20, 2010, the Defendant requested the victim D (32 years of age) who is a slope belonging to the Seocho Police Station C police box in Seocho-gu Seoul, which was called after receiving a report of 112, to undergo an inspection by a minor on the ground that the minor was drinking, but the victim was refused to do so. However, the Defendant expressed the victim’s chest on several occasions, she saw the victim’s chest on several occasions, she took the part of the victim’s chest on the right side, and knee knee bbbbbbs that need to be treated for about two weeks to the victim.

In the end, the Defendant interfered with the legitimate execution of duties by police officers, and inflicted an injury on the victim at the same time.

2. On August 3, 2010, at around 21:20 on August 3, 2010, the Defendant: (a) at the Seocho-gu Seoul Seocho-gu, the Defendant, who was dissatisfied with the arrest and investigation of a flagrant offender due to the criminal facts, such as Paragraph (1), was on the left side of the victim F (the age of 27) who was a police officer belonging to the said police box that was on the back of his flag and went back one time, thereby leading the victim to the left side of the police box requiring approximately one week medical treatment.

In the end, the Defendant interfered with the legitimate execution of duties of police officers concerning the arrest and investigation of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and D;

1. Each written diagnosis;

1. Photographs materials (victim D);

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;

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