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(영문) 서울서부지방법원 2017.05.24 2017고단523

공무집행방해

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 01:40 on December 17, 2016, the Defendant sent a 112 report to a police officer, etc. who belongs to the Seoul Nowon-gu Police Station B police box called the above cab on the ground that he sent the above cab engineer to the police station B police station of Seoul Nowon-gu, who was called up after receiving a 112 report from the Defendant and the 1680-on the roads in front of the acceptance mountain station of Seoul Special Metropolitan City, Nowon-gu, the 01:40, the Defendant: (a) prevented him from carrying a bath, taking a bath, and preventing him from carrying the patrol car on which C was on aboard; and (b) caused him to go beyond the bridge of C by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of laws and regulations on police statements made to C and D;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is not good in that it assaults a police officer who returned a taxi engineer to handle a dispute between the defendant and the taxi engineer for the reason of sentencing, but does not have any record of crime exceeding a fine once, and the defendant is recognized to commit the crime and reflects it, and other sentencing conditions indicated in the record, the sentence as ordered shall be determined by taking into account the following factors: