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(영문) 서울북부지방법원 2018.04.19 2017고단5491

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around 00:15 on October 27, 2017, the Defendant: “Around 00:0:15, at the Gangnam-gu Seoul Metropolitan Government (Seoul, the Defendant: (a) sent the police slope E from the police officer’s slope belonging to the D District Station of the Gangnam-gu Police Station, who was reported on 112, called “Fashing and fashing the fash,” but was under the influence of alcohol, she pushed E’s chest by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers E in relation to the handling of reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (on-site inspections and hearing of witness F statements);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant uses violence against a police officer dispatched to the site.

However, the defendant is in depth against the defendant when committing the crime of this case.

In other words, it is necessary to refrain from committing such crimes.

As a contingent, this case has been committed. The defendant has not been punished in Korea.

When criminal punishment of a fine of at least three million won is imposed due to the instant crime, it is too harsh that it is likely to obtain departure orders from immigration control lawsuits.

It is well-beingful that it will live in good faith during the period of time in Korea, and shall be treated at this time.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.