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(영문) 서울서부지방법원 2014.08.12 2014고단1526

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 June 13, 2014, at around 01:10 on June 13, 2014, the Defendant complained against D’s disturbance at D’s house located in Mapo-gu Seoul and the second floor, and obstructed F’s legitimate execution of duties concerning crime prevention, suppression, and investigation by assaulting the police officer, who was dispatched after being reported 112, when F, who was a police officer belonging to the Seoul Mapo Police Station Emba that was dispatched after being reported 112, wants to open the back of the patrol officer, and was removed from F.C., and d’s removal from F.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. Application of the police statement-related Acts and subordinate statutes to F;

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, the Defendant is sentenced to a fine only once, taking into account the overall circumstances, which are the conditions for the sentencing of the instant case, by taking into account the following circumstances: (a) there is no other criminal history, and (b) there is no other criminal history, and (c) it appears that the Defendant committed contingent crimes under the influence of alcohol, and that he/she would not commit such crimes again in depth and reflect his/her mistake; and (d) thereby, he/she is sentenced to a fine only once