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(영문) 서울중앙지방법원 2019.07.25 2019고단2566
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 12, 2018, around 23:40 on December 23, 2018, the Defendant: (a) stated that C of the Seoul Jongno-gu Seoul Jongno-gu Police Station B police box, which attempted to restrain the Defendant from leaving his/her own road and returning to the subway station; (b) he/she took a bath to “I ambling, I ambling, I ambling, I ambling, I ambling, I am.” without any particular reason; and (c) assaulted C’s face twice by taking two scams and hairs.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police officer on the protection of the lives and bodies of the people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of C damaged photographic Acts and subordinate statutes to police officers injured by obstruction of performance of official duties;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined in full view of the degree of tangible force of the Defendant’s exercise of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s past criminal punishment, and the Defendant’s age, character and conduct, environment, motive and consequence

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