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(영문) 서울서부지방법원 2016.11.03 2016고단949
공무집행방해등
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. The Defendant, around 01:50 on March 19, 2016, committed assault against the victim on the following grounds: (a) on the front day of the “D” club located in Yongsan-gu Seoul Metropolitan Government, the Defendant sought to enter the above main points; (b) however, on the ground that the victim E (year 26) who is an employee did not have any arms to prove his/her position, and was prevented from taking the victim’s face at one time as drinking.

2. At around 01:55 on the same day as the preceding paragraph, the Defendant: (a) reported 1112 at the same place as the preceding paragraph; and (b) expressed that the police officer G, etc., who was a police officer affiliated with the F police box, tried to arrest an offender in the act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of committing a crime, she would walk the bridge of G on one occasion; and (c) stated that “I am a bitch bitch bitch bitch bitch bitch, which would be sp

이후 피고인은 서울 용산구 H에 있는 서울용산경찰서 F파출소에서 전항과 같은 이유로 현행범 체포되어 온 뒤, 술에 취하여 위 순경 G 등에게 “칼로 쑤셔 죽여버린다! 개새끼들아! 사람 시켜서 죽여 버린다. 니네 다 사형이야. 이래서 경찰이 좆도 없어!”라고 소리치고, 위 순경 G의 다리를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of official duties on the investigation and maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of the Act on Report of Arrest of Suspect;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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

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

1. Considerations, such as the confession and reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the primary offender, and the suffering of stimulative disorder

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