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(영문) 서울서부지방법원 2015.01.15 2014고단3142
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 October 26, 2014, around 19:00, the Defendant: (a) stated that E, a police officer belonging to the D Zone D District of Seoul Western Police Station, who was called out after receiving 112 report on the disturbance of a female juncian juncium in Eunpyeong-gu Seoul, “C” around the main point of “C” located in Eunpyeong-gu, Seoul, and obstructed a police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Photographs of a police officer;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between the F counterpart for reference);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, who did not have criminal power, committed any contingent crime under the influence of alcohol, and committed another crime against his will not commit the same crime as in the instant case again, shall be punished by a fine only once, taking into account the overall circumstances, which are the conditions for the sentencing of the instant case, and shall be punished by a fine as ordered.

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