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(영문) 서울서부지방법원 2019.10.17 2019고단2527
공무집행방해
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

At around 00:50 on April 26, 2019, the Defendant: (a) arrested the Defendant as a flagrant offender by police officers E belonging to the Seoul Mapo-gu Police Station D District Unit, on the ground that the Defendant obstructed the business of the said main office, and (b) caused the Defendant to stop the patrol vehicle by breaking the E’s body without having brupted his body and expecting his body and getting off the patrol vehicle without the permission of the head of the patrol vehicle.

As such, the Defendant interfered with the legitimate execution of duties concerning the investigation and maintenance of order of E, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to a report on investigation (verification of evidence by police officers);

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Article 136 (1) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: According to the evidence adopted and examined by this court, which judged on the claim of mental and physical disability under Article 334(1) of the Criminal Procedure Act, the defendant is deemed to have been under the influence of alcohol to a certain extent at the time of committing the crime, but in light of the circumstances before and after the crime and the defendant's behavior, it cannot be deemed that the defendant was in the weak state

The reason for sentencing shall be determined by the text of the sentence, taking into consideration the circumstances leading the defendant to the crime, the degree of obstruction of performance of official duties, the circumstances after the crime, the age, sex, environment, criminal records, and health conditions of the defendant.

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