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(영문) 서울중앙지방법원 2016.04.20 2016고단427
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant of assaulted on January 24, 2016 at C convenience points located in Gwanak-gu in Seoul Special Metropolitan City around 03:40 on January 24, 2016, left without any reason the victim D (25 years) who was waiting for female-friendlyness with the above convenience points and was waiting for tobacco smoking, and then the victim C and “Isson.”

“A person to be asked, per se, assaulted the victim’s face at one time.

2. On January 24, 2016, the Defendant refused to leave the Defendant, following the Defendant: (a) called “F” restaurant operated by the victim E (F) (F) in the vicinity of the D, as set forth in paragraph (1) of the same paragraph; (b) waiting to sit in the seat of the table, and (c) on several occasions from the injured party, despite the Defendant’s demand that “I have finished the business,” and “I have not finished the business, but failed to comply with the demand.”

3. On January 24, 2016, around 04:15, the Defendant was arrested as a current offender of the assault, such as paragraph 1, located in Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu Police Station H District, Seoul Special Metropolitan City, and was temporarily detained at that place, the Defendant: (a) sent to the slope I (46 years) affiliated with the above global belt to ask for the personal information of the Defendant; and (b) sent at one time a part of the right face of I in drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and criminal investigation of the I flagrant offender who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of each statute prepared by D or E;

1. Article 260(1) of the Criminal Act applicable to the facts constituting an offense (the point of violence), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each selective fine for punishment (it seems that there is no room for considering the motive of the crime, and the quality of the crime is not good. However, the Defendant’s primary crime is the primary crime, the victims’ damage is relatively minor, and other circumstances such as the Defendant’s age, sex, environment, and after the crime.

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