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(영문) 서울중앙지방법원 2014.07.10 2014고단2851

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On April 28, 2014, at around 21:43, the Defendant was seated next to the service unit 3 of Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, taking a bath to those who use the subway under the influence of alcohol, and the Defendant was dispatched by the police officer on the report of 112 of the public duty personnel.

피고인은 같은 일시, 장소에서 서울서초경찰서 C파출소 소속 경위 D으로부터 귀가하라는 제의를 받고 D의 부축을 받고 엘리베이터를 기다리던 중, 아무 이유 없이 발로 D의 허벅지 뒤쪽 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is against the Defendant’s confession, the degree of assault is relatively minor, the fact that there is no other criminal record other than the sentence of the suspended sentence of imprisonment for a long time, and the Defendant’s age, environment, background, details of the instant crime, circumstances after the commission of the crime, etc., shall be determined as per the disposition, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the following factors.