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(영문) 서울동부지방법원 2015.04.01 2014고단3757
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with D.

On November 27, 2014, at around 21:40, the Defendant assaulted D’s taxi engineer on the front side of the Fmatet in Songpa-gu Seoul, Songpa-gu, Seoul, with 112 report, and H in charge of the military patrol box, and Ha in charge of arresting D as a flagrant offender in the crime of assault, the Defendant assaulted D’s left-hand head two times on the top of the defective part of H’s left-hand head, and assaulted D’s left-hand head two times on the top of the hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K, H and I;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes governing black boxes and CCTV images;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reasons for the sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act include: (a) although the Defendant made considerable efforts to leave the house and attempt to do so under the influence of alcohol in accordance with the direction of the police officer, the Defendant was arrested in the act of committing a crime by spreading it and continuing to go to a taxi engineer; (b) during that process, he was unable to arrest the taxi engineer in the act of committing a crime; (c) the Defendant was in a de facto marital relationship with D from around 2008 with the ship company from around 2008; and (d) there is a risk of being forced to depart from the Republic of Korea when the Defendant was forced to leave the country of this case, taking into account the fact that it would be somewhat harsh to the Defendant, and that there is no history of criminal punishment.

Judgment on the argument of the defendant and defense counsel

1. At the time when the alleged police officer arrested D as an offender in the act of committing the crime, D did not commit any assault against K, and even if the act of assault was committed, it has already been terminated.

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