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(영문) 서울서부지방법원 2016.02.04 2015고단2902
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

around 00:50 on September 11, 2015, the Defendant, at the entrance of the main point of “E” located in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government, brought to dispute with F on the ground that F, a security personnel, would refrain from drinking, on the ground that F, who is a security personnel, would be drunk.

Since then, the Defendant: (a) sought to arrest the Defendant as an offender in the act of committing a crime after hearing the statement of the Defendant and F, etc. by the police officer of the Seoul Yongsan Police Station G police box, who was dispatched to the scene after receiving a report of 112; and (b) sought to arrest the Defendant to the police officer H.

whether or not they arrest any one.

Neither police officer, nor police officer;

Chewing farch farch farch farch

It is a teacher who is a public official.

”라고 욕설하며 손날로 경장 H의 목 부위를 1회 치고, 주먹으로 얼굴을 1회 때리고, 얼굴에 침을 뱉었 다. 이후 피고 인은 경장 H 등에게 수갑이 채워진 채 파출소로 이동하던 중 갑자기 발로 경장 H의 배 부위를 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to F and H:

1. A written statement of I and J;

1. Photographs of the victim;

1. The CCTV video data (the defense counsel asserts to the effect that the defendant was physically and mentally weak at the time of the instant case.

According to the records, although the defendant can be acknowledged that he had a drinking condition at the time of committing the crime of this case, it cannot be seen that he had reached the degree of mental and physical weakness in light of the means and methods of committing the crime, and the defendant's speech and behavior before and after the crime of this case. Thus, the above

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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