logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.01.29 2014고단3563
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 23, 2014, around 00:15, the Defendant: (a) was asked to present an identification card from the foregoing D on October 23, 2014; (b) the victim D (37 years old) who was patroled on the front side of the Gwangjin-gu Seoul Special Metropolitan City, during the police box at the Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), sent the victim D (37 years old), who was a police officer assigned to the Magjin Police Station C police box at the front of the Defendant, with a view to the charge of insulting that “I am ........... Hab the two son,” and “I am... Do not be called a police gun,” but refused to present an identification card; (c) was able to be arrested as an offender in the crime of insult; and (d) took a bath again, she took the victim’s chest by assaulting him and her one hand once per hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of crimes by police officers.

2. On October 23, 2014, around 00:20, the Defendant was arrested and transferred as a flagrant offender in the crime of insult and obstruction of performance of official duties, and on October 23, 2014, around 00:20 on October 23, 2014, the Defendant assaulted the said D’s chest by her hand while taking a bath before the Gwangju Police Station C police box located in Gwangjin-gu, Seoul Special Metropolitan City.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the transfer of the above police officer's flagrant act.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is a suspicion of insulting a police officer who was under patrol by the defendant, and thus obstructing the performance of official duties by assaulting a police officer during the process of arresting an offender in the crime, and the nature of such crime is not good.

However, the extent of assault is relatively minor, and the defendant is the first offender who has no previous conviction, and the defendant has agreed with the victim who is the other party to the performance of official duties.

In addition, the defendant has caused the crime.

arrow