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(영문) 서울동부지방법원 2017.09.07 2017고단1559
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a Chinese national, and is a person who enters the Republic of Korea as a travel visa to visit B, who entered the Republic of Korea two years prior to his/her employment.

On April 9, 2017, around 16:30 on April 16, 2017, the Defendant was in the vicinity of the Seoul Special Metropolitan City Gwangjin-gu C, B.

D, while Maart’s business owner E and Si guarded and called his body, he obstructed the legitimate performance of official duties by police officers in relation to the handling of 112 reports, such as: (a) the 112 police officers, who were called out after receiving 112 reports, tried to arrest a flagrant offender in the above B, having pushed the chest of the above G, and assaulted the face once with the arms of the above G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

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 to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which prevents the defendant from arresting a flagrant offender by a victimized police officer, was an assault. Such interference with the execution of official duties is the need to be strict.

The defendant makes a confession and reflects on the crime, and the degree of exercising his tangible power is relatively minor.

Defendant has no previous record in Korea.

In consideration of these factors, the same type as the order shall be determined.

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