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(영문) 서울서부지방법원 2017.07.20 2017고단736
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 10, 2017, around 00:22, the Defendant was arrested as a flagrant offender of assault against the above E under the Police C (29 years old) and Police D (31 years old) belonging to the Seoul National University Hospital located in Yongsan-gu Seoul, the 112-report and called out after receiving the 112-report.

After arresting the Defendant as a flagrant offender, the above C and D, at the request of the persons related to the above Seoul Hospital, shall be placed on the shooting belt in order to take the Defendant’s head to take the CT shooting for the Defendant’s head.

At around 00:50 on the same day, the Defendant assaulted the face of C and D on the ground that C and D were lying in C and C in the CT photographic room at the above Seoul Hospital on the same day on the ground that they were lying in C and D.

As a result, the defendant interfered with the police officer's 112 reporting duty and legitimate performance of official duties concerning the current criminal management arrested.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each statement of the F;

1. Application of Acts and subordinate statutes concerning damaged photographs and suspect photographs;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant’s act of exercising force against police officers who are duly performing official duties is subject to criticism for the reason of sentencing exemption from punishment.

However, the sentencing factors such as the defendant's age, age, sexual behavior, environment, etc. shall be determined in accordance with the orders, considering the fact that the defendant has no criminal history other than once a fine imposed on him/her, the fact that the police officer is able to appeal the defendant's wife, the circumstances leading to other crimes, the background leading to other crimes, the defendant's age, sexual behavior, environment, etc.

Rejection of Public Prosecution

1. The Defendant, on March 10, 2017, transferred to the emergency department of the Seoul University Hospital in Yongsan-gu Seoul, Yongsan-gu, Seoul, by 119 first aid staff members for the treatment of the head’s top in order to treat the head’s top in around 00:22, and is under the influence of alcohol.

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