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(영문) 서울동부지방법원 2018.07.19 2018고단1267
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant: (a) around 20:45, on the front line of Seongdong-gu Seoul Metropolitan Government “C”, the Defendant obstructed the legitimate performance of official duties on the maintenance of public order of E and F, by force, on the ground that the police officers belonging to the Sungdong Police Station D District, Seoul, who called for the Defendant upon receiving 112 a report that the Defendant would have a person under his/her command, and that E would invite him/her to return home, and that he/she would be able to capture him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the defendant assaults a police officer on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, and there is a need to strictize such interference with the execution of official duties.

The defendant makes a confession and reflects on the crime, and the degree of exercising his tangible power is relatively minor.

No person shall have any record of force except for a previous offense once a fine not exceeding 20 years.

In consideration of these factors, the same type as the order shall be determined.

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