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(영문) 서울중앙지방법원 2015.01.22 2015고단11
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 November 15, 2014, at the front of Seocho-gu Seoul Metropolitan Government, the Defendant: (a) expressed a defective desire to arrest D, the police officer C, who is the Defendant’s seat, as a flagrant offender of the violation of the Road Traffic Act, at the Seocho-gu Seoul Metropolitan Government Police Station, and (b) assaulted D, the police officer C, who is the Defendant’s seat, to arrest him as a flagrant offender of the crime of violation of the Road Traffic Act (driving) and obstructed the Defendant’s legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Statement of Evidence C

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Although the punishment of Articles 70(1) and 69(2) of the Criminal Act was imposed to prevent arrest of a flagrant offender on the grounds of the punishment, it is disadvantageous to the police officer who assaults the police officer. However, it is ordered as ordered in consideration of the fact that the police officer committed the crime at the time of and in depth against his/her own crime, the fact that the police officer attempted to commit the crime, the fact that the police officer without any criminal power, the defendant's age, character, conduct and environment, etc.

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