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(영문) 서울서부지방법원 2015.07.16 2015고단887
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 22, 2015, around 20:16, the Defendant lost a mobile phone at the cafeteria “D” restaurant located in Mapo-gu Seoul Metropolitan Government, and she saw the customer’s fire to be a mixed-clock, and she reported the fact to the other customers.

피고인은 같은 날 20:21 무렵 D 식당 앞길에서 위와 같이 112신고를 받고 출동한 서울마포경찰서 E지구대 경위 F에게 “짭새 같은 새끼들아, 너희가 뭐하느냐 씹새끼들아 다 죽었어.”라고 욕설하며 양손으로 F의 멱살을 잡고, F가 이를 뿌리치자 수 회에 걸쳐 그를 때릴 듯이 주먹을 휘두르는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant made a confession of the instant crime and is in profoundly against the Defendant.

B. On January 2, 2001, the Defendant was sentenced to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and was punished on two occasions.

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