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(영문) 서울동부지방법원 2019.07.17 2018고단4432
공무집행방해
Text

A defendant shall be punished by a fine of seven million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Criminal facts

On November 17, 2018, around 18:15, the Defendant committed assault, such as: (a) around 216 children’s park station No. 1 in Gwangjin-gu, Seoul Special Metropolitan City, 216 children’s park station No. 1; (b) “A male desire to take a female bath at the subway”; (c) a slope C belonging to the Seoul Mine Police Station B Zone B, which was called after having received 112 a report, and (d) a person who wants to take the reporter’s speech and had the reporter returned to the police station; and (d) a person who wants to take the patrol in order to take the patrol vehicle, and (d) a person who obstructed the progress of the patrol for about 25 minutes, such as: (a) a person who prevented the person from taking the patrol and kis from getting off the vehicle; and (b) a person who interferes with the progress of the patrol for about 25 minutes.

As above, the Defendant interfered with the legitimate execution of duties of police officers with regard to the handling of 112 reported cases.

Summary of Evidence

1. C’s testimony;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports and video CDs (list 5, 6);

1. Each penal provision Article 136 (1) of the Criminal Act;

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

1. A fine for negligence;

1. Comprehensively taking account of the evidence on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act, the Defendant was in a situation in which the reporter who was a fluent female without having fluence from another person in the subway station and his fluent father and fluent father are fluent by fostering the reporter who was a fluent female and fluent father and her husband.

The Defendant did not file a petition even after the police officers were called out, and instead, led the reporter to go against his failure.

According to the reporter's statement that the reporter's family is not subject to punishment due to aftermath or prosperity, the reporter's family is returned first, and the defendant also instructed the reporter to return home without any additional measures, but the defendant adopted only the reporter's unilateral statement, and used violence by neglecting about 25 minutes of suppressions, such as facts constituting a crime.

There is no reflection until now the damage is recovered.

We look at only the form of act and the situation after the fact.

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