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(영문) 서울중앙지방법원 2018.05.02 2017고단8373
특수공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 6, 2017, the Defendant: (a) received a report from the head of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and B02 that he/she had resided in the scene on the ground that he/she was flickly flicked by the Defendant; (b) the Defendant: (c) received a report from the head of the police station having jurisdiction over the head of the police station, D, E, E, E, E, F, and G, on the ground that he/she was flickly flick.

Defendant 1: (a) was located in the above house, opened an entrance and put in a dangerous object due to a cresh in the open door, put the ice F’s arms into the house of the Defendant; (b) laid off the watch, which is a dangerous object, to G police officers entering the house of the Defendant for arresting the Defendant, and continuously laid down the watch, which is a dangerous object to the above police officers.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on handling 112 reports.

2. On November 6, 2017, the Defendant: (a) arrested the flagrant offender under suspicion of interference with the performance of special official duties, such as the preceding paragraph, at the same place as before and after November 6, 2017; (b) damaged the right-hand 15 of the patrol, which was parked in front of the patrol vehicle No. 14, in order to go to the H district of Seoul Gwanak Police Station, at several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and F;

1. Photographss of damaged articles and photographs thereof;

1. Investigation report (Attachment of a detailed statement of maintenance of patrol cars and inspection);

1. Application of statutes on the list of seizure and the protocol of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (the point of obstructing the performance of special official duties), Article 141(1) (a) of the Criminal Act, and the choice of fines for each crime;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act, the Defendant of the Provisional Payment Order.

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