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(영문) 서울동부지방법원 2018.03.29 2017고단3662
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

On October 7, 2017, at around 00:05, the Defendant expressed a desire to pay taxi expenses from E to the police station belonging to the Seoul Gwangjin-gu Police Station, Seoul, which called “if there is no money, he will do so.” On the one hand, the Defendant was arrested as a current offender of the crime of interference with the performance of official duties, and was arrested by G police box located in Gwangjin-gu, Seoul, and carried out several times at the right side of the E-way.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of photographs, CD-related Acts and subordinate statutes;

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 was that the defendant assaults a police officer on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, and there is a need to strictize such interference with the execution of official duties.

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

It is an initial crime without a criminal record.

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

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