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(영문) 서울서부지방법원 2018.08.17 2018고단1872

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On February 25, 2018, the Defendant made intimidation in front of the “C Posium” located in Gangseo-si B, 03:30 on February 25, 2018, and on the road of “C Posium”.

“A police officer who was called for 112 report but did not take any particular measure but filed a report on this 112 on the ground of “police measure complaint” on the ground of the “police measure complaint,” and under the influence of alcohol, the police officer continued to resist the disturbance at the above 112 report, and the police officer sent to the site after receiving the above 112 report, sent the E from the police officer affiliated with the D police unit of the Gangnam Police Station D police station, who was called to the site on his body, sent the police officer’s photograph by smartphone, and told him that he may be arrested as a flagrant offender due to a interference with the performance of official duties from F during the course of the above 112 police station.” However, F was “A by hand,” and h.h., with the mind of mind.

“Along with and continuing to photograph smartphones with F’s face, smartphones were used as F’s tool to fall off the floor and assaulted by f’s body by hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes in attached Table 5 to the 112 Report Processing Cases;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Unfavorable circumstances: The point that needs to strictize a person who interferes with the execution of public duties in order to establish a legal order of the State and eradicate the light of public authority;

1. favorable circumstances: The defendant has no record of obstructing the performance of official duties or of exceeding fines, and the defendant shall be sentenced to punishment as ordered in consideration of the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc.