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(영문) 서울동부지방법원 2019.10.18 2019고단2702
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 30, 2019, around 09:15, the Defendant: (a) committed assaulting a victim by following the victim B (V, 22 years old) who was going on a way before the exit area No. 6 located in 364, Yan-ro, Songpa-gu Seoul, Songpa-gu, Seoul; (b) and (c) without any justifiable reason, by taking the head of the victim’s head against his/her hand and skeing him/her.

2. On June 30, 2019, the Defendant was used in front of Songpa-gu Seoul, Songpa-gu, Seoul around 09:30 on June 30, 2019, and was urged to return home from the slope belonging to the D District Unit of the Seoul Songpa Police Station D District, which was called upon 112, and was able to cause himself/herself, and he/she expressed a bath to the above E, and was removed from the police officer’s uniform.

On the same day, the Defendant was arrested as a flagrant offender and went to the patrol vehicle, and arrived at the parking lot before the zone zone located in Songpa-gu Seoul Metropolitan Government F on the same day, and he expressed a bath to G police officers belonging to the same zone who would cause him to go to the zone zone zone, while bringing him into the zone zone, and made the face of the said G in the blue zone.

As a result, the defendant assaulted police officers to interfere with legitimate performance of duties concerning handling of 112 reported cases and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, G, and B;

1. A H statement;

1. Each investigation report (No. 10, 12 No.);

1. A department related to the leave certificate and the report of 112 case;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and Article 260 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that although the nature of the crime in this case is not weak, the defendant's mistake is contrary to the recognition of his mistake, and the defendant has no criminal record.

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