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(영문) 서울서부지방법원 2014.08.07 2014고단1360

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 May 16, 2014, at around 23:22, the Defendant: (a) committed an assault, such as assaulting a police officer, who was in front of Seodaemun-gu Seoul, and was dispatched upon 112, to ask the circumstances of the instant case, D, a police officer affiliated with the Seoul Western Police Station C commander of the Seoul Seodaemun-gu Police Station C commander of the Seoul Western Police Station, who was called upon 112, thereby obstructing the Defendant’s legitimate execution of duties regarding the maintenance of public design and order of D, who was a police officer, by assaulting the police officer, who was a police officer, who was in charge of the said police box, tried to throw the D’s chest one time and stop it from next to the said box.

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 on police statements made to D and E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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 two police officers without justifiable grounds.

However, the Defendant shall be sentenced to a fine only once, taking into account the overall circumstances that serve as the condition for the sentencing of the instant case, by taking into account the following circumstances: (a) the Defendant has no criminal record of the same kind of crime or any criminal record of the suspension of execution, or has committed any contingent crime under the influence of alcohol; and (b) the Defendant appears to have committed any and all of his/her mistakes, and (c) has committed any and all of his/her mistakes, thereby