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(영문) 서울북부지방법원 2015.11.12 2015고단3191
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 30, 2015, at around 19:40, the Defendant assaulted C with a suspicion that his wife C is going out of the road in front of Seoul Jung-gu, Seoul, and two police officers, etc. who belong to the Seoul mid-gu Police Station D police box, in receipt of 112 report that “mams and girls are boomed,” sent to the scene.

The Defendant responded to the question of the intention to punish C while listening to assault and assault by C (the age of 31) and the question of the intention to punish C, and assaulted the part of E with the remaining fluent hand, i.e., the part of E, i., e., one time, and the part of fluent hand.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the major sentencing factors include the defendant's motive, crime contents, age, occupation, character and behavior, living environment, etc., and the sentence of a fine is determined by selecting the sentence of a fine, such as the defendant's motive, crime contents, age, occupation, personality and behavior, living environment, etc., and the police officer is dead by recognizing the crime. As a matter of the defendant's situation, the defendant's conduct of a legitimate official duty, which requires strict protection of the law, has interfered with legitimate execution of a duty, which is necessary for any contingent crime

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