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(영문) 서울서부지방법원 2014.10.08 2014고단743
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On March 30, 2014, at around 23:25, the Defendant: (a) committed a serious bath on the ground that G, a police officer of the Seoul Western Police Station, who was dispatched after receiving a report 112 from among the persons diving at the bus bus stops, was frighting 534 (red red dong) of Seodaemun-gu Seoul, Seoul, and was frighting back to her home on the ground that G, a police officer of the Seoul Western Police Station, who was called out after receiving a report 112, she sat down himself/herself, and she sat down her home; and (b) assaulted by having her breast by hand, she sat down his/her breast, thereby obstructing the legitimate execution of duties concerning the maintenance of public security and order of the said G

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. The police statement of H;

1. Application of Acts and subordinate statutes concerning investigation reports (112 reporting);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's assertion and judgment on this issue are as follows: (i) at the time of the instant crime, G searched the body and back bags of the defendant, who was under the influence of alcohol at the bus stops, and found the handphone of the defendant; (ii) it cannot be deemed a legitimate execution of duties as it goes beyond the measures permitted under Article 4(1) of the Act on the Performance of Duties by Police Officers, and (iii) G did not notify the defendant of the suspected crime as stipulated under Article 200-5 of the Criminal Procedure Act, and there was an unlawful act of using the diving in the process of protesting the defendant, and therefore, G assaulted during the process of protesting it. Thus, considering the above macro evidence, G and H, a police officer, who was called for after receiving a report 112 at the time of the instant crime, attempted to return home to the defendant's family and the defendant's family and the defendant's family and the defendant's family and the defendant's failure to return home.

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