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(영문) 서울서부지방법원 2019.01.23 2018고단4030
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 24, 2018, around 07:50 on October 24, 2018, the Defendant was arrested as a flagrant offender by F, etc., who was a police officer belonging to the Seoul Yongsan Police Station Emb, posted to the scene at the time when the Defendant was on board a taxi prior to the “C Burial” located in Yongsan-gu Seoul Metropolitan Government, and reported 112 to assault D, who was a taxi engineer, and was arrested as a flagrant offender at the site at the time. At around 08:10

Since then, the Defendant, who was arrested, tried to leave the above police box at his discretion, and tried to correct the door of the police box in order to restrain the police box by the above F, and assaulted the above FF at one time with his own hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of the victim D of a suspect, the F violence of a police officer, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for selective punishment (to reflect the fault of a person, to the effect that a damaged police officer does not want the punishment of a defendant, and to the effect that there is no record of punishment, except for a fine, once in consideration of such extenuating circumstances);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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