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(영문) 서울서부지방법원 2018.07.05 2018고단1251

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

Criminal facts

On January 14, 2018, at around 05:00, the Defendant was wraped with a person without his name in front of the “D” located in Mapo-gu Seoul, Mapo-gu, Seoul. On the 112 report, the Defendant assaulted F by force by putting W on one hand the steering gear of the E District of the Mapo-gu Seoul Mapo Police Station E-gu, Seoul, in order to prevent the defect that F was in order to arrest the person under consideration as a current offender.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police with regard to F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act;

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

1. A provisional payment order: A punishment shall be determined as ordered in consideration of all the circumstances constituting the conditions for sentencing, including the circumstances leading to the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of interference with the performance of official duties, and the criminal records of the defendant (no record of indictment and punishment).