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(영문) 서울중앙지방법원 2018.09.12 2018고단1291
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 04:50 on January 16, 2018, at the main point of “E” located in the Gangnam-gu Seoul Metropolitan Government D2 level, the Defendant was required to return tobacco from a police slope G from the police officer of the Seoul Gangnam Police Station F District, who was dispatched to the site after receiving a report from 112, while drunk, while under the influence of alcohol. However, the Defendant was demanded to return tobacco from the stairs outside the main point to the main point.

The Defendant, who received a recommendation from police officers G to return home from the police officer G, committed assault in a way that he takes the 112 report handling duties of the police officer by committing assault by means of the transfer of G to this end, and interfered with legitimate execution of duties by the police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A H statement;

1. Application of Acts and subordinate statutes to the victim’s liquid camping data (cd 1)

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense, the selection of fines for each crime (including the fact that the accused is the primary offender, and that the degree of interference with execution of his/her duties seems not to

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion does not prove whether the Defendant assaulted a police officer, and even if the fact of assault was recognized, it does not constitute a crime of interference with the performance of official duties, since the police officer’s performance of official duties was not legitimate at the time.

2. In full view of each evidence as indicated in the judgment and the witness I’s legal statement, the facts that police officers G belonging to the Seoul Gangnam Police Station F District, and I called “E” H’s 112 report, and that H was called up to the above order, and that H, despite the end of the business hours, was sent to the Defendant who was not opened to the lower order on the table.

In other words, G requested that the defendant calculates the drinking value, and then recommended the defendant to return home, and even though the defendant left the above room, G is now again again over several times.

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