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(영문) 서울서부지방법원 2018.01.26 2017고단3086
공무집행방해등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 00:20 on September 19, 2017, the Defendant: “A” at the main point of “C” located on the 1st underground floor of Eunpyeong-gu Seoul, Seoul, upon receiving a report from 112, the Seoul sent out after confirming the details of the report by the slope E belonging to the Eunpyeong Police Station D District E, and soliciting the Defendant to return home, the Defendant committed assault, such as: (a) on one occasion, the Defendant’s upper part of the breast part of the said E was fright once by hand; (b) continuously fright the Defendant’s arms, fright the Defendant’s hand, fright the Defendant’s hand, and fright the chest part of the said E; and (c) assault the Defendant’s chest part once by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. The Defendant, at the same time and place as indicated in the foregoing paragraph 1, has a large number of citizens, such as employees of the above main points, etc., who are the victim E, shall friend the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch xch bitch bitch bitch.

In addition, it should be seen as the opening, and the victim was openly insulting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed by exercising force against the police officer in uniform and openly taking the form of force against the police officer, and there was a record of being punished twice as violent crimes. However, the crime of this case is ordered by considering all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, including the fact that the defendant misleads the police officer in uniform and reflects the character of the crime and that the defendant did not have any criminal record beyond the fine and did not interfere with the execution of official duties.

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