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(영문) 서울중앙지방법원 2017.12.21 2017고단7832
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 29, 2017, at around 16:35, the Defendant: (a) sent a warning to the police officer E who was sent to him after receiving 112 a report, that “the male scam is in the walked box of Jongno-gu Seoul Jongno Building 115” was “it may be punished by a disturbance for drinking alcohol if he or she is in the rioted box.” In doing so, the Defendant assaulted the police officer in a manner that he or she was pushed the body of E in his or her hand and obstructed the police officer’s legitimate performance of duties concerning the mobilization of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. In order to establish a legal order of a country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate public peace, it is necessary to strictly punish an offense obstructing the performance of official duties.

However, the defendant confessions the crime of this case and repents the mistake, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 1994 has no particular record of punishment except for the punishment of a fine of KRW 300,000,000, and the defendant's age, sex, environment, family relationship, means and result of the crime, etc. shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment

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