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(영문) 서울남부지방법원 2018.03.27 2017고단6172
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are siblings of punishment.

1. Defendant B, on August 5, 2017, at around 23:32, 2017, disputed with Defendant A in the front street of Gangseo-gu Seoul Metropolitan Government, and in this regard, Defendant B refused to answer despite being asked by the police officer F of the Seoul Gangseo Police Station E District Unit, dispatched after receiving a report of 112, and asked the police officer F of the Seoul Gangnam Police Station E District to ask questions about the circumstances of the case

At the same time, the F attempted to leave the field, and the F prevented it, and the F attempted to keep the drinking and to keep the F.

As such, the Defendant assaulted police officers F, thereby obstructing F’s legitimate performance of duties concerning F’s criminal investigation and prevention.

2. On August 5, 2017, Defendant A: (a) around August 23:32, 2017, the Defendant was arrested as a flagrant offender for the same crime, etc. in front of Gangseo-gu Seoul Metropolitan Government D on the street; (b) the Defendant resisted the F with the police officer F, and pushed the F’s chest by hand.

As such, the Defendant interfered with the police officer F’s legitimate execution of duties concerning criminal investigation and prevention.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law of the police statement protocol to F;

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

1. Selection of each alternative fine for punishment (the Defendants have no past record of each kind of crime and no record of crime exceeding the fine, and the degree of interference with public duties is heavy;

It is difficult to see, the circumstances leading up to the commission of the crime, the motive of the Defendants, and other Defendants’ age, sex, environment, etc.

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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