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(영문) 서울동부지방법원 2018.04.18 2018고단183

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 December 29, 2017, the Defendant: (a) committed an assault against the Defendant at the C hotel’s seat park located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) on December 29, 2017; (b) on the 112-report that the Defendant used to arrest the Defendant as a flagrant offender for the crime of assault; and (c) committed an assault against the Defendant’s knee E in walking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers who are public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act: The crime of this case is committed by the defendant while walking in the back of the police officer, and the degree of the assault is not easy: The E, a police officer of this case, does not want the punishment of the defendant; the defendant does not have any record of punishment for the same kind of crime in addition to the punishment of fines for a different kind of crime; the above circumstances, character and behavior of the defendant, and the circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions specified in the trial process of this case.