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(영문) 서울북부지방법원 2018.08.23 2018고단2506
공무집행방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 2, 2018, the Defendant: (a) around 02:20, on the C hotel in Nowon-gu, Seoul Special Metropolitan City; (b) “Requesting a police officer,” upon receiving a 112 report, was subject to protective measures from E, the police officer assigned to the Seoul Nowon Police Station D police box, and the slope F.

The above police officers made contact to the guardian of the defendant to have the defendant returned home to the defendant. However, the defendant was spiting the F's chest by hand on hand, and spiting the F's face on the f's face.

Accordingly, the defendant interfered with the legitimate execution of official duties on the protective measures of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (an investigation conducted against the other party of a harvested person);

1. Application of the Acts and subordinate statutes on the screen of a video closure;

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. Although the contents of a crime committed by a police officer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act are not somewhat weak, the punishment as ordered is determined by comprehensively taking account of the following factors: (a) the defendant's recognition of a crime and his depth is against the first offender; (b) the degree of violence is relatively minor; (c) the circumstances leading to the crime; and (d) the defendant's age, sexual conduct, occupation, motive and means of the crime; and (e) the circumstances after the crime.

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