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(영문) 서울서부지방법원 2015.04.01 2014고단3612

공무집행방해

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 September 27, 2014, at around 01:08, the Defendant, at the main point of “D” located in Eunpyeong-gu Seoul Metropolitan Government on September 27, 2014, obstructed police officers’ legitimate performance of duties concerning the handling of the 112 reported case, by putting fighting from F in the past region belonging to the Eunpyeong Police Station E District of Eunpyeong Police Station, which was called out after receiving the 112 report, and obstructing police officers’ performance of duties on the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act requires a strict punishment of Defendant in that it interferes with a police officer’s legitimate performance of duties by exercising violence against a police officer on the grounds of sentencing. However, the Defendant initially recognized his/her mistake as a primary offender, and is in profoundly against his/her depth, and other factors such as the Defendant’s age, character and conduct, environment, health conditions, etc. as indicated in the instant pleadings, shall be determined by taking into account various sentencing conditions as indicated in