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(영문) 서울서부지방법원 2019.10.25 2019고단2825

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 1, 2019, the Defendant obstructed the police officer’s legitimate performance of official duties on the ground that the police officer D, who belongs to a police box called to the site after receiving a report of 112, carried out 112 before Yongsan-gu Seoul Yongsan-gu B Hotel, had left hand, d’s face once, d’s flaps, and d’s flaps at the hotel glass entrance, and d’s flaps, and obstructed the police officer’s legitimate performance of official duties.

2. The Defendant insultd the victim on the ground that the victim E, who is a police officer, was locked at the time and place at the above time and place, for the reason that the victim’s frightened himself, the police officer at the hotel, the security guard at the hotel, and the frighters in the hotel, who are considered to have been aware of why is, why is, why is, what is, what is, and why is, what is the fright of a bitch, and why is, what is the fright of a bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Preparation of a written complaint of E and a written statement of F;

1. Application of each CD-related statute

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the point of obstructing performance of official duties, the choice of fines) and Article 311 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The punishment of Articles 70(1) and 69(2) of the Criminal Act seems to have been committed by a contingency while under the influence of alcohol.

The defendant's mistake is recognized and depthed.

Before the instant case, there is no record of criminal punishment other than the one which has been punished by a fine due to drinking driving prior to the instant case.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances, the age, character and conduct, environment, etc. of defendants and the sentencing conditions.