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(영문) 서울동부지방법원 2017.04.13 2017고단275

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, around December 23, 2016, at D main points in Songpa-gu Seoul Metropolitan Government around 22:45, he/she assaults against customers.

Therefore, “I are taking advantage of” was assaulted on one occasion by asking the Defendant out of the above main place and whether the Defendant would be able to calculate the drinking value to the above main place of business and the customers, who were called up after receiving 112 reports.

Accordingly, the defendant assaulted police officers to prevent and investigate police officers' crimes, and interfere with legitimate execution of duties concerning public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A H statement;

1. Application of Acts and subordinate statutes to each investigation report (including attached data);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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 provides that the defendant has been punished several times by a fine for the reason of sentencing of the provisional payment order, including the records of the same crime. However, the above fine shall be imposed in consideration of the fact that the defendant deposited the payment of compensation for the police officer who suffered damage, runs counter to the mistake, and there is no record of punishment heavier than the fine.