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(영문) 서울동부지방법원 2017.04.12 2017고단283
공무집행방해
Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 1. 1. 10:35 경 서울 광진구 B 앞 노상에서 폭행을 당했다는 112 신고를 받고 출동한 광진 경찰서 C 지구대 소속 경장 D이 E를 폭행 혐의로 체포하려 하자 “ 내 동생이 뭘 잘못했는데 데려가느냐

“On the basis of “A”, the chest of the said D was pushed down by both descendants, and continued to catch the arms of the said D and pushed down the said D with the elbow.

As above, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention, suppression and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act regarding the selection of a fine, and the selection of a fine (except for the cases where the offense is not minor, but for the accused, confession and reflects the offense, the degree of exercise of force against police officers is relatively serious, and the accused has no record of punishment, except for those punished by a fine for a different type on or around December 2012);

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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