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(영문) 서울중앙지방법원 2014.07.18 2014고단3375

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 02:00 on May 11, 2014, the Defendant discovered that the security guards E of the Seoul Jongno Police Station D police box to arrest F as a flagrant offender causing property damage and to board F as a patrol vehicle at the front of Jongno-gu Seoul, Seoul, and assaulted the police officer at the time of the patrol vehicle’s front, thereby destroying the breath, cutting down the breath, cutting down the breath, cutting down the breath, etc., and obstructing the police officer’s legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of each police statement of G and E;

1. Application of Acts and subordinate statutes to the investigation report;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fine not exceeding 10,000,000 won;

2. The recommended sentencing criteria: The sentencing criteria shall not apply.

3. Determination of sentence: Fine 5,00,000 won: The reason under the influence of alcohol is that the nature of the offense by the police officer is not good, without any reason, that obstructs the police officer’s legitimate arrest of the flagrant offender: Provided, That the police officer who was assaulted by the defendant wanted to leave the police officer against the defendant; the defendant is also able to repent his mistake in depth; and the defendant has no record of punishment beyond the fine, the amount of the fine was selected and the amount of the fine was determined.

It is so decided as per Disposition for the above reasons.