beta
(영문) 서울남부지방법원 2018.01.23 2017고단5394

공무집행방해

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On October 20, 2017, around 00:30 on October 20, 2017, the Defendant was in the office of female-friendly C of the Defendant located in Gangseo-gu Seoul Metropolitan Government, and the Defendant was in contact with the male-friendly Gu.

A male-friendly Gu shall not move from the house.

“The Seoul Western Police Station received a report of 112, and received a request for the eviction from E during the course of the assignment to the Seoul Western Police Station D District, and notified that he could be arrested as a current offender if he does not leave the police station, and sent E’s chest to drinking, and assault E’s fingers by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to E and C;

1. Article 136 of the Criminal Act applicable to the crime and Article 136 of the Criminal Act on the selection of punishment [Selection of a fine in consideration of the following factors: (a) the first offender, the background leading up to the occurrence of the crime of this case (the defendant was called out by a false report by C; the defendant was mistaken for a flagrant offender in the course of intrusion upon residence); (b) the degree of the assault; and (c) the degree of the assault immediately after the crime was committed; and (d) the police officer who suffered damage also

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;