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(영문) 서울서부지방법원 2015.01.15 2014고단3134

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 07:30 on July 17, 2014, the Defendant: (a) abused the police officer’s legitimate performance of duties concerning the control of police officer’s crime by assaulting the police officer, including, but not limited to, the act of assault, such as C, etc., who was reported to the scene by 112, to check the situation of the instant case; (b) he was sent to the police officer affiliated with the Seoul Mapo Police Station D District D District Unit, Seoul Mapo Police Station, which was called to the site; and (c) “E is a police officer within the ceiling; and (d) the father and father in the Republic of Korea must see; and (e) he was able to break up the E’s timber and attract it.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, in light of the overall circumstances of the sentencing of the instant case, such as the fact that the Defendant had no criminal history and appears to have committed contingent crimes under the influence of alcohol, and that he/she would not repeat the same crime as in the instant case, and that the victimized police officer does not want the punishment of the Defendant, etc., he/she shall be punished by a fine only once, taking into account the overall circumstances, such as the fact that the victimized police officer does not want the punishment