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(영문) 서울서부지방법원 2019.06.05 2019고단679
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 12, 2019, around 05:13, the Defendant was arrested in a flagrant offender who was arrested at the Mapo Police Station C District District in Mapo-gu Seoul, and “A person who was in front of a D club,” and used a brush spitfing against E, due to the defect that E, a police officer belonging to the said district, intends to take the right bridge of E, going to go to a police station.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the Defendant’s provisional payment order is that the instant obstruction of performance of official duties by the Defendant is one time, and that the Defendant was unable to memory at all at the time under the influence of alcohol. However, if the form of the act was very violent and similar in the future, it seems difficult to see that the instant crime would not occur.

However, although the defendant has a large number of records of juvenile protective disposition, criminal punishment is the first time, the defendant seems to repent of his/her behavior through the criminal procedure of this case, and other punishment is determined by considering his/her age, character, conduct, environment, family relationship, etc.

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