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(영문) 서울서부지방법원 2015.02.04 2014고단3565

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 November 14, 2014, at around 23:30 on November 14, 2014, the Defendant reported that “E” was used in a drunken route in a 112-year toilet located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, was sent to the Defendant, and the slope G belonging to the Seoul Seodaemun-gu Seoul Western Police Station sent to the Defendant to take measures for returning home, such as communicating the Defendant to his family members, etc., and subsequently, the Defendant, at the same time, had the face of the said G one time, and continued to interfere with the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s act of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfair infringement against the legitimate public authority, and thus, the liability for the crime is not weak. However, the Defendant’s act is an contingent crime; the Defendant’s act is a primary crime; the Defendant’s act is against the Defendant’s serious self-determination; the police officer’s initial crime; the Defendant’s act is the captain of the vessel; the Defendant’s age, character and behavior, family environment; the motive and method of the crime; and the circumstances after the crime, etc., shall be determined as per the order, taking into account