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(영문) 서울서부지방법원 2017.04.19 2016고단4088
공무집행방해등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on November 19, 2016, the Defendant was disputing with C, a branch of Seodaemun-gu Seoul, Seomun-gu, Seoul, on the ground that the police officer E(41) affiliated with the police officer of the Seoul Western Police Station D, who arrived at the scene after receiving a report on 112 that “the Defendant was at the front of the police station,” proposed the instant police officer E to “blame, killed, and discarded,” and was sprinking the shape of the above police officer’s flaps, and the Defendant flabed the instant police officer’s flab, who was a police officer of the said police station (28 years old), and flading the above F police officer over the floor of the above F police officer, thereby causing the above F police officer to suffer injury on the number of days of medical treatment due to the left knee part.

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning handling of 112 reported cases, and at the same time injured police officers F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to cover violence parts of E, and photographs taken for bodily injury of F;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Punishment of Serious Bodily Injury);

1. Selection of an alternative fine for punishment;

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

1. The Criminal Procedure Act provides a sentence as ordered in consideration of the following facts: (a) it is not easy to impose a bodily injury on a police officer who called out and dispatched a fighting on the ground of sentencing of Article 334(1)2 of the Criminal Procedure Act; (b) however, it is not easy to impose a punishment as ordered in the light of the fact that the defendant has no other criminal history than a fine twice a fine, and that the defendant has a profoundly reflect on the recognition of a criminal act by the defendant.

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