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(영문) 서울중앙지방법원 2020.11.26 2020고단5887
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On May 21, 2020, at around 22:50 on May 21, 2020, the Defendant spited the face of the above Party E once when he was arrested as a flagrant offender under the charge of assault to E, a police officer belonging to the Seoul Sejong Police Station, who was called up with the 112 report of the 112 report by the taxi engineer D, and arrived at the said police box.

On the 22th of the same month, at around 00 00:00, the Defendant continuously saw F, a police officer belonging to the above E and C police box, to transfer the Defendant to the criminal charge of the Seoul metropolitan species police station, and F, G saw the Defendant to walk the F’s bucks by walking the bucks, etc. several times, walking on the right side of G, walking on the back of the patrol box moving the Defendant to the Seoul metropolitan species police station, and cut off to E once.

At around 00:09 on the same day, the Defendant spited the face of the F in order to hand over the Defendant before the criminal police station and the office located in Jongno-gu Seoul Metropolitan Government Police Station at the rate of 46.

As a result, the Defendant interfered with the police officers' legitimate performance of duties concerning the handling of 112 reported cases and the transfer of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D, H, E, G, and F, E, F, G, and I’s written statements;

1. A list of 112 reported photographs of the upper part of the body and CCTV-faging photographs;

1. Application of each investigation report (No. 8,16) statute;

1. Articles 40 and 50 of the Criminal Act (mutual crimes of obstruction of performance of official duties in the course of carrying the defendant on the patrol team) of the same Act concerning the crime concerned Articles 136(1) and 136(1)2 and 50 of the same Act

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that it is unfavorable to the defendant that police officers have committed violent acts on several occasions without any justifiable reason as stated in the criminal facts in the judgment of the defendant.

(b).

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