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(영문) 서울동부지방법원 2015.09.24 2015고단2014
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 07:00 on July 11, 2015, the Defendant interfered with the legitimate execution of duties by assaulting the police officer on the maintenance of public safety and order by assaulting, i.e., keeping the police officer’s patrol at a single-time and a single-time hand, and booming the Defendant, where E, a police officer belonging to the D District District Unit of the Seoul Mine-gu Police Station, who was called up after having received 112 reports, to the roadway and India.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 136 (1) of the Criminal Act and Article 136 (1) of the same Act and the choice of fines for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing order under Article 334(1) of the Criminal Procedure Act, other than a prior conviction of a fine due to the obstruction of performance of official duties by deceptive means on 2008, if the defendant had been sentenced to a fine, the sentence shall be imposed in consideration of all the sentencing factors indicated in the record, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime of obstruction of performance of official duties. However, there is no previous conviction since 2008, and there is no contingent crime under the influence of alcohol.

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