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(영문) 서울서부지방법원 2013.05.09 2012고정1805
공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On March 22, 2012, the Defendant: (a) obstructed D community buses operated by the Victim C while under the influence of alcohol in front of the post office in Mapo-gu Seoul, Mapo-gu, Seoul; (b) around 23:20.

Therefore, the victim's body was tight off from the car, and the defect defendant was tightly pushed off three times by hand, tightly pushed the victim's body one time by hand, and knife the face with the hand floor one time, the victim was in need of three weeks of treatment.

2. On March 22, 2011, the Defendant was arrested as a flagrant offender in the crime of assault by E District Assistant F, sloping G, and sloping G, who was called upon as the facts stated in paragraph (1) on March 22, 2011, and committed assault by the police officer at two times at the face of slope G, such as “the sprinke, she is a citizen of the Republic of Korea, she is a person who gives a salary to she is a citizen of the Republic of Korea, and she is a person who died of this dog.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for about 35 minutes.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of G, H and F;

1. Protocol of examination of witness regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the occupation of an injury and the choice of a fine) concerning criminal facts;

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

1. The Defendant did not assault the police officers in determining the assertion of the Defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act, and even if so, the Defendant did not assault the police officers.

The defendant's act constitutes a legitimate act, and accordingly, the defendant's act is not recognized as a crime of obstruction of performance of official duties, since he was not notified of the principle of violence from police officers before being arrested as a flagrant offender.

However, according to the testimony of G, H and F, G, a police officer.

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