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(영문) 서울동부지방법원 2015.10.22 2015고단2595

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 August 14, 2015, the Defendant: (a) around 22:15, at the street store located in Gwangjin-gu Seoul Special Metropolitan City, reported that he was in excess of the c’s convenience store; and (b) the police officer E belonging to the Seoul Mine Police Station D Zone D District called the Defendant asked the Defendant whether he was in drinking alcohol or not.

Accordingly, while the police officer requested the police officer to provide patrol assistance and waiting to do so, the defendant had the police officer conduct patrol with another person, and the above police officer did so, and the defendant did so by assaulting the above police officer three times in his hand, thereby obstructing the police officer's legitimate execution of duties concerning the prevention, suppression and investigation of the crime, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes governing enforcement manuals;

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 to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime of this case is committed in light of the motive, circumstance, etc. of the crime, etc., which are favorable: The crime of this case does not have criminal records before the crime of this case; the crime of this case was committed in favor of the fact that there was no criminal records before the crime of this case; the degree of violence and the result of damage are relatively heavy; and the punishment shall be determined as per Disposition by comprehensively taking into account various factors for sentencing indicated in