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(영문) 서울서부지방법원 2013.05.10 2013고단144
공무집행방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 15, 2012, at around 02:50, the Defendant was arrested of a flagrant offender from G, who was dispatched after receiving a report of 112 as an assaulting D in front of “E” main points operated by D located in Mapo-gu Seoul Metropolitan Government, and was arrested from G police officers belonging to the Mapo-gu Police Station.

In the patrol car, the Defendant, who is dissatisfied with one’s arrest, expressed the desire to “I will see, die. I will not do so. I will not do so.” The Defendant, together with the Defendant, used three times the clothes of the slopeF that he was seated in the back seat, opened the back seat after carrying the patrol car, and assaulted the patrolman, who tried to restrain the Defendant, one time at the left eye of the G left part of the G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders and the escort of criminals.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of each police protocol to G and F

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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