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(영문) 서울동부지방법원 2018.06.21 2018고단1139
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 12, 2018, around 23:15, the Defendant arrested a flagrant offender under suspicion of assaulting D prior to the Seoul Songpa-gu Seoul Police Station C District District, which was located in Songpa-gu Seoul, and was transferred to the said district group, and the police officer affiliated with the said district group attempted to have the Defendant affix a physical confirmation document and a written confirmation, and assaulted the Defendant’s left part of the said E on one occasion on the ground of the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and investigation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning CCTV images;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the defendant assaults a police officer on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, and there is a need to strictize such interference with the execution of official duties.

The defendant makes a confession and reflects on the crime, and the degree of exercising his tangible power is relatively minor.

It is an initial crime without a criminal record.

In consideration of these factors, the same type as the order shall be determined.

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