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(영문) 서울남부지방법원 2018.11.27 2018고단4180
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 13, 2018, at around 22:00, the Defendant reported on the dispute with the proxy engineer at the front parking lot of Gangseo-gu Seoul apartment C, Gangseo-gu Seoul Metropolitan Government apartment building C, and used violence, such as: (a) the Seoul Gangseo Police Station D police box E, which was called out, attempted to restrain the Defendant and return home; (b) 2 times the left shoulder of the slope E, with his hand, tightly pushed off two times; (c) continuously avoided the disturbance; and (d) let the Defendant out of the slope E in order to get out of the patrol vehicle; and (d) when the slope E attempted to arrest the Defendant as a flagrant offender, it was assaulted by two times the back water of the slope E by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, and the selection of fines (all circumstances, such as the confession of and reflect against a criminal defendant, and the first offender who has no record of punishment)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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