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(영문) 서울동부지방법원 2016.01.28 2015고단3656
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 24, 2015, the Defendant received a request for the calculation of the price and the return to home from E(48) of the Seoul Gangseo-gu Police Station Down-gu Seoul Police Station Down-gu, Seoul, on the ground that the Defendant was called for “C” restaurant located in Gangdong-gu Seoul on November 24, 2015 at around 03:50, without paying the meal cost, and at the same time received a report from E(48).

씹새끼들 아, 마음대로 해! ”라고 욕설을 하면서 들고 있던 점퍼를 위 E의 얼굴에 던지고, 머리로 E의 가슴을 밀쳤으며, 발로 E의 오른쪽 다리를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. Application of each Act and subordinate statutes to the treatment of the place of work and the list of reported cases;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crimes of this case committed by police officers who assaulted on official duties are not good for the nature of the crime, and there is no way to recover damage, and other favorable circumstances: prior to and once a fine of 2003 is imposed, contingent crimes are committed, reflects errors, and other various sentencing factors indicated in the arguments and records of this case shall be comprehensively considered, and the punishment shall be determined as ordered.

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