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(영문) 대전지방법원 천안지원 2014.11.21 2014고정361
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around August 9, 2013, around 23:05, the Defendant assaulted the victim at the street in front of the “C convenience store B” located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul, for both descendants without any reason, when the victim’s face is hicked up to four times with the hand floor.

2. On August 9, 2013, the Defendant: (a) received the report on the assault case as stipulated in the above paragraph (1) in front of the “C convenience point” located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) arrived at the said police box by carrying out voluntary operation with the slopeF belonging to the Dondong-dong Police Station Estation, which was called out; and (c) when the said F asked questions about personal information, etc., the Defendant assaulted the F with his hand twice.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers related to criminal investigation.

3. Around 23:20 on August 9, 2013, the Defendant, at the police box located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, on the following occasions: (a) under the circumstance where the Defendant was committed with the victim of the assault described in the above paragraph (1) and his behavior, the Defendant got about 10 minutes of sound to the said slope F, such as “I die at home. I will see whether I will come to go to go to the school,” and “Irreves.”

Accordingly, the Defendant publicly insulting the victim FF.

Summary of Evidence

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

1. Statement of the police statement concerning F;

1. Each statement of D, G and H;

1. Application of the Acts and subordinate statutes to the victim and the damaged parts of the video data;

1. Relevant Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, which provides applicable Article on criminal facts, the choice of punishment, and Article 311 of the Criminal Act;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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