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(영문) 서울서부지방법원 2018.09.21 2018고단2357

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 20, 2018, around 07:25, the Defendant tried to listen to the statement of a witness by the police officer F of the Seoul Yongsan Police Station E box called “at the time of injury to the internal police station,” who called “at the time of arrival of customers,” at the D main office located in Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant obstructed the Defendant’s legitimate execution of duties concerning the handling of the report by the police officer on the 112 report by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 fact that it is necessary 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, and the defendant has the same criminal history;

1. favorable circumstances: The defendant's assault that does not cause serious damage to police officers; the deposit of KRW 300,000 for police officers F with the intent of police officers; the confession of a crime; the defendant's age, sex, intelligence and environment; relationship to victims; motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as the same as the order, in consideration of all the relevant sentencing conditions;