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(영문) 서울중앙지방법원 2017.06.22 2017고단1028

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On February 1, 2017, the Defendant: (a) at the Defendant’s house in Gangnam-gu Seoul, Seoul, on February 1, 2017, at around 02:20, the Defendant sought to verify the fact that the Defendant’s slope F, affiliated with the Seoul Suwon Police Station Ear Team, sent to the Defendant’s house with due 112 declaration disputing with his female living together; (b) whether they enter the house of the Defendant;

In this regard, I expressed the desire to "Iee Ha", and assaulted F's shoulder part once by hand, and his face part once by head.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 (1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine for the crime (the following favorable circumstances):

1. Article 70(1) and Article 69(2) of the Criminal Act, which is a repeated crime due to the reason for sentencing at a workhouse, is a period of repeated crime for which the Defendant used the same kind of crime. Although having the same criminal history, the Defendant assaulted a police officer who wear a uniform, thereby obstructing the performance of official duties.

The liability for the crime is not easy.

However, the same power is 10 years ago.

The Defendant committed the instant crime in a somewhat interested state during commission.

The defendant confessions from the time of investigation, reflects his mistake in depth, and seeks a letter to the damaged police officer, and the damaged police officer does not want the punishment of the defendant.

The degree of damage by police officers or the degree of interference with public duties is relatively minor.

In these circumstances, the sentencing conditions should be comprehensively considered, such as the defendant's age, family relation, sex, means and result of the crime, and the circumstances after the crime.