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(영문) 서울남부지방법원 2017.06.14 2017고단1330

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 March 16, 2017, at around 01:29, the Defendant was asked to ask questions about on-site conditions, etc. from E, a police officer belonging to the Seoul Gangseo-gu Police Station D police station, Gangseo-gu, Seoul, Seoul, upon receiving a report of 112 that the Defendant assaults female, and assaulted the Defendant at one time at the right side of the E, with the face of the above E, one time, and one time, with the left side, and the police officer F, who was under his control, attempted to see it.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

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

1. The defense counsel in the determination of the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

Therefore, according to the evidence duly adopted and examined by the court, the fact that the defendant was in the main working condition can be acknowledged. However, it is not deemed that the defendant had no or weak ability to discern things at the time of committing the crime in this case, and thus, the defense counsel's assertion is not acceptable.

In consideration of the fact that the reason for sentencing is against the crime, the fact that there is no record of the crime, and the fact that the damaged police officers paid the medical expenses in each amount of KRW 1,00,000, the fine shall be selected and the punishment shall be determined like the order.