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(영문) 서울중앙지방법원 2018.08.16 2018고단3899
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 28, 2018, at around 15:50, the Defendant: (a) controlled illegal spirits vehicles on the roads front of D stores located in Jung-gu Seoul Metropolitan Government, by F, a public official of Seoul E, who was a public official of Seoul Metropolitan Government, on the roads; and (b) could regulate the parking of the Defendant, “The parking of the Defendant was set up by opening the between the ridges and the driver’s seat windows behind the vans” to F;

This outline, Maderne, Maderne, and Madern F, threatened with the above F, and committed assault, such as by putting the above F’s left hand hand over, and tightly pushing the chest once.

Accordingly, the Defendant interfered with the legitimate execution of official duties on the crackdown on illegal spirits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of G and H;

1. Copies of a public official certificate;

1. Investigation report (the state of the arrival of a victim);

1. Application of Acts and subordinate statutes to a report on investigation (the scene of assault by a victim);

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, on December 1, 2016, issued a summary order of KRW 300,000 as an offense of assault at the Seoul Southern District Court, was confined to fines for violent crimes, such as having been sentenced to a summary order of KRW 300,00 as an offense of assault.

However, considering the favorable circumstances that the defendant recognized the facts charged and reflects the fact that the degree of interference with the performance of official duties is not serious, the defendant's age, sexual conduct, environment, motive and result of the crime, etc., the same sentence as the order shall be determined by comprehensively taking into account various sentencing conditions as shown in the argument of the case, such as the circumstances after the crime.

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