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(영문) 서울중앙지방법원 2017.11.13 2017고단6905
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 30, 2017, at around 23:10, the Defendant heard that the victim E and F, a police officer of the Seocho Police Station D Police Station affiliated with the Seocho Police Station D police box, who was called after receiving 112 a report that he driven a drinking in the “C” restaurant located in Seocho-gu Seoul Metropolitan Government B B 1, could be punished for the winners from among the Does where he confirmed whether he was driving the G drinking, who is a person subject to the report. On the other hand, the Defendant was able to do so from the victims among several persons, such as customers and restaurant employees, while taking a bath for the drinking of the victim F, and taking a humf and taking a humf and taking a humf to the other hand, and humbing the victim E, who continued to be on the side, to the victim E, who continued to do so.

CCTV images and “the brue fluor,” and assaulted the victim’s breast part of his breast with two descendants.

Accordingly, the Defendant interfered with police officers' order maintenance and legitimate execution of their duties concerning the handling of 112 reported cases, and insulting victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A criminal investigation report (related toCCTV image data and voice files);

1. Application of the CDA-1 statute

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each selective fine for punishment (the following factors, etc. favorable to the reasons for sentencing shall be considered):

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of the sum of the maximum amounts of two crimes);

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

1. On the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing of the Defendant shall be determined as ordered by taking full account of the following circumstances, including the Defendant’s age, sex, environment, family relationship, health status, motive, means and consequence of the crime, and the circumstances after the crime.

(b) the circumstances disadvantageous to it;

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