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(영문) 서울북부지방법원 2018.11.29 2018고단2063
공무집행방해
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On May 8, 2018, around 00:20 on May 8, 2018, the Defendant brought a disturbance against the Defendant’s daily behaviors in Seongbuk-gu Seoul Metropolitan Government (D).

As a result, the police officer F of the Seoul F Police Station E (a police box) sent out after receiving a report 112, the Defendant took a bath to F, stating, “Woos shall be his superior in the bomb,” and assaulted the police officer’s bom by using bomb by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The 112 Report Processing table (the defendant and his defense counsel claimed that, at the time of the instant case, the Defendant's arms were carried by the police officer by hand, but the head of fulbage did not depict and depict it.

However, according to the evidence duly adopted and examined by this court, in particular, the fact that the police officer F, who specifically stated the progress of the case after being dispatched to the site after being reported to the site, and the contents of the violence that the defendant used in the process, etc., was committed by the police officer F, as stated in the facts charged, can be acknowledged by means of cutting fats of police officers F, and sculing them.

The defendant and defense counsel are not accepted.

Application of Statutes

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 regarding the punishment of a police officer sent to the police after receiving a report on the reason of sentencing as set forth in Article 70(1) and Article 69(2) of the Criminal Act, the nature of the crime resulting from the use of violence, is not weak.

Defendant may have a record of criminal punishment by committing a crime of violence.

On the other hand, the degree of violence is relatively serious.

It is difficult to see it.

Specific circumstances such as the background of the occurrence of the case, and other records and arguments such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime are shown.

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