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(영문) 서울서부지방법원 2018.04.24 2018고단396

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

Criminal facts

On January 24, 2018, at the front of Yongsan-gu Seoul Special Metropolitan City, the Defendant reported 112 that “the principal offender interferes with his business,” and called “the business operation,” and she saw that he was requested to return home from the police officer D, E, the police officer of the Seoul Yongsan Police Station C District D, the police officer of Yongsan-gu Seoul Special Metropolitan City, which called “the principal offender interfered with his business,” and she saw him as he was able to return home by hand, she flicked her head, she flicked her head, and she fl

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act;

1. Standing concurrence: Articles 40 and 50 of the Criminal Act (the punishment prescribed for a crime of obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime against D with heavier punishment);

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: The reason for the sentencing of Article 334(1) of the Criminal Procedure Act / [favorable circumstances] / The reason for the punishment of a fine due to the principal crime is three times (or favorable circumstances / the degree of serious reflection, assault, and obstruction of official duties;