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(영문) 서울서부지방법원 2017.12.01 2017고단2996
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 17, 2017, at around 05:18, the Defendant: (a) reported on the front corridor 304 of the apartment C, which is the Defendant’s residence located in Mapo-gu Seoul, Seoul, to “I am not aware of marital fighting; and (b) requested the border E belonging to the Seoul Mapo-gu Police Station Down-gu, Seoul, to be able to bleep; (c) stated that “I am, I am, I am,” and assaulted the said E’s chest part twice by hand, with his hand, while going beyond the floor continuously.

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

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 to report on investigation (verification of cellphone 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 punishment shall be determined in consideration of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is erroneous, the circumstances leading to the crime, the record of the crime, etc.

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