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(영문) 서울남부지방법원 2017.11.15 2017고단2986

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 27, 2017, at around 21:45, the Defendant was subject to a disposition of violation of the Punishment of Minor Offenses Act (e.g., drinking disturbance) by D, who was under the influence of alcohol in front of the building B in Gangseo-gu Seoul Metropolitan Government, and was dispatched from D( South, age 36) by police officers belonging to the Seoul Western Police Station C District of Seoul, Gangseo-gu Police Station, Seoul, who was called for after receiving 112 reports, and committed the act of putting D with D.

Accordingly, Defendant 1 got off the 14th driver's seat glass of the patrolr No. D, followed by the above D, once a week.

As such, the Defendant assaulted police officers D, thereby obstructing the legitimate execution of duties concerning crime prevention and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the notice of the violation of the Punishment of Minor Offenses Act;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of assaulting police officers performing their official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, and obstructing the performance of official duties, is not against the nature of such crime.

However, in consideration of the fact that the defendant makes a confession of his mistake and reflects against himself, the fact that the police officer's body is not directly tangible power, there is no record of punishment for violent crime, there is no record of suspended execution or more criminal records, and other conditions of sentencing as shown in the records and changes, the sentence shall be determined like the order.