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(영문) 서울서부지방법원 2016.01.14 2015고단2871

공무집행방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was arrested as a current offender of the crime of assault on the ground that he assaulted C with D, who is a neighboring resident, together with D, and led to the F District in Eunpyeong-gu Seoul E.

On July 2, 2015, at around 21:13, the Defendant waiting to be examined as the status of the suspect, and was on the side of the Defendant.

D이 C과 서로 말싸움을 벌이다가 정 수기 옆 쓰레기통을 들어 C을 내리치려는 시늉을 하자 이를 본 위 지구대 소속 경위 G으로부터 제지를 당하게 되었다.

The Defendant, based on the above G, was able to catch his head debt, scam his head debt, and extracted his head scam.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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

1. The defendant's liability for the crime in light of the degree and attitude of assault against the police officer of the defendant in relation to the crime in this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, etc.

On the other hand, in the situation where the defendant was running in the police station with her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In light of such circumstances and reasons, criminal records of the defendant, and all other conditions of sentencing as shown in the records and arguments of this case, the punishment shall be determined as per Disposition.