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(영문) 서울중앙지방법원 2020.08.26 2020고단5251
공무집행방해등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. The case where the defendant does not pay the above fine shall be 10.

Reasons

Punishment of the crime

1. Around 12:55 on May 10, 2020, the Defendant used violence to spit the victim’s face by spitation and spiting the victim’s face on two occasions, as the Defendant did not pay food at “D cafeteria” operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City.

2. At around 12:55 on May 10, 2020, the Defendant, at the place of the foregoing paragraph (1) on May 12: 12:5, 2020, abused the above F’s face one time, and arrested a flagrant offender for the crime of obstruction of performance of official duties, upon receiving a report by 112 telephone, demanding a police officer belonging to the Seoul Western Police Station E zone, who was called out, to speak his personal information.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement of C and G;

1. Investigation report (to hear statements made by fraud and assault victims);

1. A report on investigation (to hear statements from witnesses for the obstruction of performance of official duties);

1. A letter of arrest of a flagrant offender;

1. Investigation report (verification, etc. of the fact of paying the full price);

1. Investigation report (Analysis, etc. of evidence evidence by police officers, etc.);

1. Investigation report (to attach omitted criminal records, images, CDs and text messages), - Video CDs produced by a police officer in charge of dispatch - receipt received from the victim;

1. Investigation report (related to photographs taken on the pande of the pande) - Image images;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Points of assault: Article 260 (1) of the Criminal Act (Selection of Fine);

(b) The point of obstruction of performance of official duties: Article 136 (1) of the Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating the punishment for the obstruction of performance of official duties as stated in the holding that the punishment is no longer imposed);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the obstruction of the performance of official duties.

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