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(영문) 서울동부지방법원 2019.02.21 2019고단21
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 22:20 on December 7, 2018, the Defendant, at the “C” house located in Gwangjin-gu Seoul Special Metropolitan City, hereinafter “C”), committed assault, such as “C”, who was required to calculate the drinking value and return home from the victim slope E affiliated with the Seoul Mine Police Station D District E, which was dispatched to the site after receiving a report of 112, and from the victim slope E, and from the victim light F, the Defendant, who was demanded to return home, and the victim and the customer are heard, committed assault to the victims, such as “coppy, yachting, the police, dys, fry, fys, fys, fys, and fys.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in dealing with the 112 Reporting Incident, and openly insulting victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of each statute on filing of a complaint;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the act of assaulting police officers in the course of performing official duties and obsessing them while people listen to is not good for the crime: The fact that one's mistake is divided and reflected, there is no record of punishment for the same crime, and the sentencing conditions specified in pleadings, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., are considered.

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