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(영문) 서울서부지방법원 2014.06.03 2014고단742

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 23:30 on February 19, 2014, the Defendant: (a) committed assault on the ground that D, a police officer affiliated with the Seoul Seodaemun Police Station C commander of the Seoul Seodaemun Police Station, was able to take a bath to D on the ground that D, who was diving with drinking alcohol in front of Seodaemun-gu Seoul, was able to take her home and her face, and obstructed the lawful execution of duties concerning D’s public security and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the degree of damage;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act refers to a situation where it is not good to commit a crime that prevents a police officer from performing his/her duties by assaulting a police officer who has worn a uniform. However, in around 2001, the defendant was punished once by a fine for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and there is no criminal record, and is against his/her own mistake, and the crime of this case is deemed to have been committed by a person who committed an act of this case by drinking, and the degree of damage suffered by the police officer seems not to be severe, and the punishment of this case is determined as ordered by taking into account