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(영문) 서울동부지방법원 2016.06.23 2016고단379
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around 01:40 on February 17, 2016, the Defendant has a assault case in front of the “D cafeteria” located in Gwangjin-gu Seoul Special Metropolitan City.

“Around 112 reported and sent to the site and intended to have the Defendant returned to the site, “F would take governance without any justifiable reason,” and assault F’s chests three times by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and the maintenance of public order by police officers.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel regarding the allegation of innocence under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) at the time, the Defendant and the defense counsel had female police officers other than F police officers at the time; and (b) the facts charged in the instant case stated that the Defendant was closely involved in H’s chest; (c) however, F was sealed by the Defendant.

Since the above facts charged are stated, there is no proof of crime, and at the time, the defendant reported to the police and dispatched to the police by the police, and the police officer forced the defendant to return to the police without investigating the reported contents, the police officer's act cannot be the act of the police officer who forced the defendant to return to the police without any investigation as to the contents of the report, and therefore, the defendant's act of resistance does not constitute an obstruction

According to the above evidence, F was to have the Defendant pushed his chest from the investigation stage.

In light of the fact that police officers did not investigate the police officers H, the facts charged of the instant case was specified as the Defendant’s act of smuggling and entered in the facts charged of the instant case.

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