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(영문) 서울서부지방법원 2015.12.10 2015고단2545
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 September 24, 2015, at around 01:40 on September 24, 2015, the Defendant: (a) received a report from the first floor of Mapo-gu Seoul Mapo-gu Seoul underground floor, that “the principal spaws the disturbance”; and (b) received a recommendation to return home from E (the age 46) security guards belonging to the Seoul Mapo-gu Police Station D District Unit, dispatched to the said police officer; and (c) received the face of the said police officer as a drinking.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate official duties on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant appears to have committed a contingent crime under the influence of alcohol as an initial crime with no criminal history, and the Defendant again expressed that he would not commit the same crime as in the instant case while reflecting his depth, and deposited KRW 500,000 for the victimized police officer, etc., to be punished by a fine only once, taking into account the overall circumstances, which are the conditions for the sentencing of the instant case, shall be determined as being subject to a fine, such as the order.

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