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(영문) 서울동부지방법원 2015.08.28 2015고단1187

공무집행방해

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

On May 16, 2015, around 12:40, the Defendant tried to go to the patrol vehicle set up by the police officers C belonging to the Seoul exists in order to investigate the case of traffic accidents, prior to the exit of 58,00,00 New-ro 3, Songpa-gu Seoul, Songpa-gu, Seoul.

Therefore, the above police officer's removal, and then re-influence to the person involved in the traffic accident, and the defendant assaulted the above police officer's bucks twice, thereby obstructing the police officer's legitimate execution of duties concerning public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the place of net21 work;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of a fine to choose a sentence (the fact that the defendant recognizes and reflects the crime of this case, the defendant has no record of punishment for the same kind of crime and has no record of criminal records exceeding the fine, the fact that the defendant appears to be a contingent crime, and the extent of violence is relatively minor).

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

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