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(영문) 서울서부지방법원 2018.03.28 2018고단157
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

On December 13, 2017, at around 03:10, the Defendant committed assault, such as assaulting the Defendant’s friendship F, who was arrested as the current offender, from E in the circumstances surrounding the seat of the Seoul Western Police Station D police station, called “C” on the front of the “C” located in Eunpyeong-gu Seoul, on December 13, 2017, when the Defendant’s friendship F was arrested as the Defendant’s friendship F, who was dispatched after receiving the report 112.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement protocol with respect to E and G;

1. Application of H’s written Acts and subordinate statutes;

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

1. Selection of an alternative fine (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);

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 concerning the order of provisional payment;

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