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(영문) 서울서부지방법원 2018.07.04 2018고단1671

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant, at around 23:16, did not get off from a taxi on the front side of “Seoul Mapo-gu building” and was under influence of alcohol, obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case by the police officer, who was dispatched to the site by the 112 report of taxi articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant assaultss a police officer performing his/her duties and thus the nature of the crime is not good: considering all other circumstances, including the defendant's age, sex, career, home environment, motive for committing the crime, circumstance after committing the crime, etc., and the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, career, home environment, motive for committing the crime;